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News

The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.

UK comparable trade marks: grace period ends soon
UK comparable trade marks: grace period ends soon
Article
Oct 13, 2025
3 min

UK comparable trade marks: grace period ends soon

As 2025 draws to a close, brand owners face an important deadline that could affect their UK trade mark rights. From 1 January 2026, it is no longer possible to rely on evidence of use in the EU to maintain the validity of UK comparable trade marks (often called “Brexit clones”). This marks the end of the grace period for use, originally set out in the UK/EU Withdrawal Agreement.

Chambers and Partners 2026
Chambers and Partners 2026
Firm News
Nov 1, 2025
3 min

Chambers and Partners 2026

We’re proud to announce that Potter Clarkson has once again been recognised in the Chambers UK Guide 2026.‍‍

Impact of new UK and EU competition law exemptions
Article
June 23, 2022
8 min

Impact of new UK and EU competition law exemptions

The UK and EU have implemented new competition law exemptions but what impact will this have on your agreements?

No items found.
Licensing & Commercial Agreements
Why the devil is in the detail in patent applications
Case Update
April 14, 2022
6 min

Why the devil is in the detail in patent applications

A recent case involving Bristol Myers Squibb, which resulted in the revocation of a patent filed by the pharmaceutical giant, serves as a salutary warning on the risks of failing to include detailed supporting data when an application is first filed.

Life Sciences
Patents
EPO Oppositions
Can hydrogen save the internal combustion engine?
Case Update
April 4, 2022
7 min

Can hydrogen save the internal combustion engine?

As the automotive sector transitions to an electrified future, the phase-out of the internal combustion engine (ICE) seems decided. Recent developments concerning hydrogen, however, indicate that the ICE may have a longer lifespan than first anticipated.

Fuel Cells & Hydrogen
Patents
pharmaceutical pills
Case Update
March 24, 2022
7 min

Another active ingredient. Another reference to the CJEU.

The Court of Justice of the EU (CJEU) has once again been asked to explain the eligibility criteria for SPCs for “combination products” - those comprising two or more active ingredients.

Life Sciences
Biotech
SPCs & Regulatory
Patents
Description amendments: Will the EPO change its examination practice?
Case Update
January 21, 2022
5 min

Description amendments: Will the EPO change its examination practice?

In the recent decision T 1989/18 one of the Boards of Appeal of the European Patent Office (EPO) ruled that there is no legal basis for requiring amendment of the description to be in line with the allowed claims.

No items found.
Patents
IP Strategy
EPO Oppositions
NFTs may be revolutionising the fashion industry but what does this mean for copyright protection?
Article
January 13, 2022
4 min

NFTs may be revolutionising the fashion industry but what does this mean for copyright protection?

Over the last year, the fashion industry has turned to non-fungible tokens (NFTs) to enhance the consumer experience, through the sale of digital fashion goods. Issues around ownership, transferability and infringement of copyright in digital assets are progressing fast, and that will only increase as companies adapt to the metaverse.

Creative Industries
Fashion & Apparel
Licensing & Commercial Agreements
Copyright
Case Update
December 21, 2021
7 min

Endless permutations: Combination SPCs again

Supplementary Protection Certificates (SPCs) can provide up to five years’ extra patent protection for specific pharmaceutical products. The regulations are complex and the financial stakes high, resulting in multiple referrals to the Court of Justice of the European Union (CJEU).

Life Sciences
Biotech
SPCs & Regulatory
Patents
CJEU confirms availability of unregistered Community design protection for part of a product
Case Update
December 9, 2021
4 min

CJEU confirms availability of unregistered Community design protection for part of a product

In a referral from German infringement proceedings brought by Ferrari against Mansory Design and its CEO, the CJEU has confirmed the conditions in which unregistered Community design protection is available for part of a product.

Engineering
Designs
The most frequently asked questions about software patents
Article
December 8, 2021
4 min

The most frequently asked questions about software patents

The position regarding obtaining patent protection for software can be complex and confusing. Providing a conclusive answer can be further complicated by the fact that different jurisdictions can take different (and evolving) approaches.

Software
Communications
Patents
Copyright
Trade Secrets
SafeGuard
UK patents court declines stay of infringement proceedings relating to patent for treatment of insomnia
Case Update
November 12, 2021
5 min

UK patents court declines stay of infringement proceedings relating to patent for treatment of insomnia

This decision, handed down on 29 October 2021, illustrates how a consideration of the principles previously laid down by the Court of Appeal may in some, albeit unusual, circumstances, result in the UK Patents Court declining to follow the default position and grant a stay of UK infringement proceeding pending a validity decision from the European Patent Office.

Life Sciences
Litigation
Vertical farming patent infringement: a new approach to territorialism
Article
October 5, 2021
6 min

Vertical farming patent infringement: a new approach to territorialism

Vertical farming, we are often told, represents the future of how humans might square the circle of increasingly hungry populations demanding ever greater productivity from dwindling and depleted land resources.

Food & Agritech
Patents
IP Strategy
Recent changes in approach to description amendments at the EPO
Case Update
September 10, 2021
3 min

Recent changes in approach to description amendments at the EPO

The latest version of the Guidelines for Examination at the EPO (entered into force on 1 March 2021) includes a stricter approach to the practice of bringing the description into line with the allowed claims. Here we consider the practical implications of those changes.

No items found.
Patents
IP Strategy
EPO Oppositions
Olympic material: graphene in sports
Case Update
September 8, 2021
3 min

Olympic material: graphene in sports

As with all Olympics and Paralympics, it was not only a showcase of the fierce competition amongst the world’s best but also the use of new technological developments to obtain a winning edge.

Advanced Materials
Trade Secrets
Patents
Article
September 1, 2021

IP in product development

Creating an original product can be a long and challenging process. Product development exists to take a new idea all the way from an initial concept to market and success requires your product to pass through a series of very distinct stages before it reaches its market.

Engineering
IP Strategy
Designs
Plausible or not implausible? When can post-filed data be used to support an inventive step?
Case Update
August 26, 2021
5 min

Plausible or not implausible? When can post-filed data be used to support an inventive step?

One of the EPO’s Boards of Appeal is expected to request clarification from the Enlarged Board of Appeal on the law concerning the doctrine of ‘plausibility’ and the use of post-filed data to support inventive step.

Life Sciences
Patents
EPO Oppositions
Article
August 12, 2021
8 min

Can carbon capture technologies help the shipping industry cut GHG emissions?

When the United Nations Framework Convention on Climate Change adopted the Paris Agreement in 2015, their aim was to sharply reduce greenhouse gas (GHG) emissions to keep the average global temperature rise below 2° Celsius and, preferably, limit future temperature rises to 1.5° above pre-industrial levels.

Carbon Capture
Energy & Cleantech
Industrial Chemistry
Engineering
Patents
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