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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.
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It has now been confirmed that the Unitary Patent (UP) & the Unified Patent Court (UPC) are intended to come into force on the 1 April 2023.
Lovely Jubbly - Del Boy from Only Fools & Horses is held to be a copyright work
In a recent judgement, a UK court has decided for the first time that a sufficiently detailed and fully rounded fictional character can be the subject of copyright protection. The court also rejected the defendants’ argument that their infringement of copyright was avoided by reference to the defence of fair dealing for the purpose of parody or pastiche. Mark Snelgrove and Charlotte Wallace summarise.
European Commission proposes a unified SPC system
The European Commission (EC) has announced a new initiative for a single procedure for the granting of SPCs across the European Union (see here).
Fresh guidance on AI patents from UK IPO
Artificial intelligence is now applied in a vast range of fields, from pharmaceuticals to the automotive industry, and from industrial chemicals to fintech. The enormous range of possible uses has created challenges for the Patent Office when it comes to examining patent applications related to AI inventions.
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How close are we to green aviation?
The need for green aviation is of course critical, but how close are we to green aviation?
Ireland will not be part of UPC when UPC system starts
Although the Irish government has confirmed that it intends to participate in the Unitary Patent and the Unified Patent Court, a positive vote in a public referendum is required before Ireland can ratify the UPC Agreement and join the system. A referendum is expected in 2023 or 2024.
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?
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.
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.
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.
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.
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.
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).
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.
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.
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.