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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.‍‍

Clear ownership: determine who owns the IP
Article
July 19, 2021
5 min

Clear ownership: determine who owns the IP

Establishing ownership of university-originating IP is not straightforward and is made even more complicated by the collaborative nature of academic research and potential grant funding obligations. The question of IP ownership should not be overlooked and will be raised by investors looking into investing in a university start-up. There are two key areas investors will want to look at - who owns the existing IP, and what will happen to ownership of new IP created by your start-up?

Investors
Investor Ready
IP Strategy
IP Audits
Harnessing the power of trade secrets in the world of battery technology
Case Update
July 1, 2021
5 min

Harnessing the power of trade secrets in the world of battery technology

The recent culmination of a long-running dispute between two giants of the electric vehicle battery-making sector has shone a spotlight on the increasingly important area of trade secrets in intellectual property protection. The case of LG Chem vs SK Innovation outlines the key takeaways for energy storage specialists and provides practical guidance for market players looking to safeguard their innovations for the long term.

Battery Technology
Energy & Cleantech
Trade Secrets
SafeGuard
Seeing double: EPO does little to clarify prohibition on double patenting
Case Update
June 28, 2021
4 min

Seeing double: EPO does little to clarify prohibition on double patenting

In the recent decision, G4/19, the Enlarged Board of Appeal has confirmed the existing practice of prohibiting ‘double patenting’ at the EPO.

Life Sciences
Patents
How can you maximise the commercial value of your trade secrets?
White Paper
June 10, 2021
6 min

How can you maximise the commercial value of your trade secrets?

Trade secrets are often the crown jewels within an IP portfolio. Unfortunately, despite their importance, trade secrets can also be the forgotten component of a company’s IP portfolio.

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Trade Secrets
Article
June 1, 2021
6 min

Can carbon capture give cement a more environmentally friendly future?

Every year the world uses around 4 billion tons of cement. The rate of consumption is expected to grow and grow quickly as the global shift from the country to cities continues. This is a trend that according to a recent study by Architecture 2030, will add another 2 trillion square feet of buildings by 2060.

Carbon Capture
Energy & Cleantech
Industrial Chemistry
Patents
IP Strategy
Amgen v Sanofi: narrowing the scope of protection for antibody inventions?
Case Update
May 11, 2021
5 min

Amgen v Sanofi: narrowing the scope of protection for antibody inventions?

The US patents cover Amgen’s own antibody evolocumab (branded as Repatha®), which is used as a cholesterol medication, and the structurally distinct rival antibody alirocumab (branded as Praluent®) which Sanofi and Regeneron developed independently.

Life Sciences
Litigation
Best practice: hackathons and IP
Article
April 13, 2021
4 min

Creating Value From IP

In drawing participants from a diverse range of backgrounds to solve predefined challenges, hackathons are rich environments for innovation across the technology spectrum (the Graphene Hackathon and MIT’s COVID-19 challenge being two recent examples). The potential of hackathon entries to create ideas protectable by IP rights, such as patents, designs or copyright, is therefore high. Appreciating this potential is an important first step to securing IP rights for a hackathon entry and maximising their value.

Electronics & Computing
Engineering
IP Strategy
Patents
Freedom to Operate
Hollow Crown? Vodafone’s “crown use” defence overturned by Court of Appeal
Case Update
March 5, 2021
5 min

Hollow Crown? Vodafone’s “crown use” defence overturned by Court of Appeal

Handed down on the same day as the Supreme Court’s Uber ruling, IPCom v Vodafone may not have dominated the headlines, yet this case should not be overlooked as the first major Court of Appeal IP decision of 2021.

Communications
Litigation
Article
January 28, 2021
14 min

Brexit: Changes to UK SPC practice from 2021

With effect from 1 January 2021, UK legislation has been amended to incorporate EU law on Supplementary Protection Certificate (SPC)s into United Kingdom (UK) national law, and to make various adjustments to it. While the previous systems and processes largely remain the same, there are some key changes that users of the system should be aware of.

Life Sciences
Biotech
Food & Agritech
SPCs & Regulatory
Patents
Litigation
Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
Case Update
January 15, 2021
4 min

Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial

Martin, a professional writer, and Kogan, an opera singer, had been in a relationship at times during the development of the screenplay for FFJ. Martin claimed he was the sole owner of the copyright in the screenplay, whilst Kogan asserted that she was a joint author, due to her input and contributions during the development of the screenplay.

Creative Industries
Copyright
Case Update
January 12, 2021
15 min

Shoe design found valid and infringed in the UK Court's last Community registered design case

With the Brexit transition period drawing to an end, this decision constitutes the last Community design case before the UK courts and represents a rare success story for a claimant in asserting infringement of a registered design.

Fashion & Apparel
Creative Industries
Designs
Litigation
Article
January 4, 2021
4 min

Defending a patent at the EPO

Your European patent rights are a valuable commercial asset but you risk losing them in an opposition unless a successful defence can be mounted.

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EPO Oppositions
Litigation
Patents
IP Strategy
Article
January 4, 2021
5 min

Attacking a patent at the EPO

If you would like to find out about how we can help you find the best way to attack a competitive patent, please email our specialist EPO oppositions & appeals team today.

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EPO Oppositions
Patents
Article
January 4, 2021
5 min

Appealing against an Opposition Division decision at the EPO

According to the European Patent Office (EPO) annual report 2020, 1,912 opposition cases were decided in 2020: 31% of patents were upheld as granted, 35% of patents were revoked and 34% of patents were maintained in an amended form.

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EPO Oppositions
Litigation
Patents
Look beneath the surface: 6 intellectual property questions investors should ask
White Paper
December 9, 2020
3 min

Look beneath the surface: 6 intellectual property questions investors should ask

When the opportunity comes along to invest in a technology company the pressure can be on to secure the deal - at the right price, of course. Before signing on the dotted line however, an investor must complete the appropriate level of due diligence to understand the hidden risks.

Investors
VerifyiP
IP Due Diligence
A guide to software patents
Article
November 25, 2020
3 min

A guide to software patents

While more and more businesses are becoming interested in patenting their software and gaining the advantages of owning these patents, there is still a lot of confusion out there as to what is actually possible.

Software
Patents
IP Strategy
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