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.
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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.
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.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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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.