News & insights

Thoughts

Cannabis: A brief overview of US and European approaches

Cannabis laws and regulations in both the US and Europe can be complicated. That’s why we’ve produced a handy comparison of key aspects regarding medical and recreational cannabis laws you should know...

News

Kilburn & Strode pro bono activity for NHS Charity leads to successful appeal

Our dedication to helping individuals and communities obtain justice for their patents and trade mark disputes is one of the stand-out reasons why many clients choose to work with us.

Case law

Assessing the scope of Genuine Use – Replacement parts, accessories and second hand goods

Comparing the CJEU’s decision regarding the Ferrari TESTAROSSA case with the UK High Court’s decision on the AIWA Co. Vs AIWA Corp. case.

News

Kilburn & Strode’s Tech and Life Sciences & Chemistry groups strengthen their top-tier service offering with new partner and counsel promotions

We are delighted to announce that Harry Harden, from the Tech group, has been promoted to Partner and Juliet Hibbert has been promoted to Counsel.

Updates

A week is a long time at the EPO…

Following our recent thoughts on the referral to the EPO’s Enlarged Board of Appeal regarding compulsory video conference (ViCo) oral proceedings, there have been some interesting developments.

Case law

T 0755/18 - An answer, but what is the question?

This past month the Boards of Appeal issued the (unpublished) decision in T 0755/18 (Semi-automatic answering/3M INNOVATIVE PROPERTIES).

News

Speak, and ye shall be heard (unless you’re on mute)

Referral to the Enlarged Board of Appeal regarding legality of non-voluntary video conference appeal hearings to go ahead

Case law

G1/19 - The written decision is in!

The written decision from the Enlarged Board is in! We've been through the decision, picking out the details, and our thoughts on their impact are below.

Thoughts

If I could say one thing ...to male allies

Welcome to the third instalment of our series for international Women’s Day “If I could say one thing”. We will hear words of wisdom and advice from three leading women in Intellectual Property.

Thoughts

If I could say one thing ...to women working in a male-dominated environment

Welcome to the second instalment of our series for international Women’s Day “If I could say one thing”. We will hear words of wisdom and advice from three leading women in Intellectual Property.

Thoughts

From Titanic to the Internet of Things – the role of patents in communication technology

The Covid-19 pandemic has brought home how much we rely on communication technology. Innovations ranging from fibre broadband to 5G and from video calls to cloud file storage help people keep in touc...

Thoughts

If I could say one thing …to my younger self at the start of my career

Welcome to the first instalment of our series for international Women’s Day “If I could say one thing”. We will hear words of wisdom and advice from three leading women in Intellectual Property.

Case law

End of the road - review of an opinion issued by the UKIPO (BL O/417/20)

Review of an opinion issued by the UKIPO (BL O/417/20)

Thoughts

Me, myself & AI – an interview with Professor Ryan Abbott

Partner Alex Korenberg and Associate Tom Hamer sit down at the virtual table with Artificial Intelligence expert and author Professor Ryan Abbott.

Case law

An evolution of AI case law?

An appeal brought by a private applicant against a decision by the patent office to refuse an application related to an Artificial Intelligence able to evolve without human intervention.

Thoughts

Talk innovation podcast

Our Chair, Gwilym Roberts, moderated a podcast on oral proceedings by videoconference in the series produced by the EPO called ‘Talk innovation’.

Updates

Kilburn & Strode’s “superlative” trade mark team maintains top tier ranking in WTR 1000 2021

Kilburn & Strode is once again delighted to be ranked as a top-tier firm in this year’s World Trademark Review 1000.

Thoughts

How business is shaping IP

In this article, part of our series on the impact of COVID-19, we look at business trends and how they will affect IP rights.

Thoughts

What impact will Brexit have in the long term?

While the news in 2020 was dominated by the COVID-19 pandemic, the year also saw the conclusion of the Brexit process. What will it mean for IP in the coming years?

Thoughts

The new social attitudes

The pandemic has changed the ways we work, shop and socialise. This will have knock-on effects for the management and protection of IP rights.

Case law

Designated survivor (J 0012/18)

In the recent case concerning the decision of the #EPO Board of Appeal (J 0012/18), the applicant failed to ensure that designated states were not withdrawn before filing divisional applications.

News

EPO Guidelines go gender neutral

Last week the EPO published an advance copy of one of its core texts, and we are delighted to see the include the introduction of gender neutral language.

News

Top-tier European IP firm Kilburn & Strode further expands its reach in the Netherlands with the hire of Rike Dekker

Bringing a unique blend of private practice and in-house experience, Rike is well-positioned to build the Dutch operation for Kilburn & Strode within the Life Sciences & Chemistry fields.

Thoughts

What will business as usual look like for IP in 2021?

In the first of a series of articles looking at trends for 2021, Kilburn & Strode attorneys discuss new ways of working arising from the COVID-19 pandemic.

Thoughts

How the law will change in 2021

The changes brought by the COVID-19 pandemic have had an impact across society, and courts and IP offices are no exception.

Thoughts

What’s changing IP strategies?

New ways of working; budget pressures; and legal precedents: all these trends are likely to change IP strategies in 2021.

Case law

Does shiny black and coloured foil count? General Court partially annuls three decisions on the comparison of 3D Champagne bottle marks

Ace of Spades recently brought oppositions against Munich Accessories GmbH’s EUTM applications for a total of three different champagne bottles.

News

The rise of the Cyber Examiner

Crisis is an innovation accelerator, often driving mass uptake of existing technologies and the current pandemic is no exception.

News

Strategies for promoting patenting among academics and researchers

This article explores the challenges involved in the transfer of knowledge and technology from universities and research centres to industry.

Thoughts

Cannabis Trade marks and commercialisation in the US, UK and EU.

The commercialisation of cannabis products is resulting in one of the fastest growing and unpredictable emerging markets globally.

Technical Tips January 2021

Reasons why the CRISPR priority appeal failed

The Board of Appeal in the infamous CRISPR priority appeal recently issued its written reasons for dismissing the appeal.

Technical Tips January 2021

Superficial Intelligence (T 0161/18 – Sufficiency of AI inventions)

The algorithm used by AlphaGo to defeat 9-dan professional Go player Lee Sedol in 2016 was a major milestone in artificial intelligence research. However, while filing numbers for patent applications ...

Technical Tips January 2021

Essential Inventive Step Reminders (T 686/18)

A recent Board of Appeal decision at the European Patent Office (EPO) has reaffirmed a key practice point in the demonstration of inventive step when drafting and prosecuting patent applications in Eu...

Technical Tips January 2021

UK Supreme Court hands down judgment in landmark standard essential patents cases

The UK Supreme Court (UKSC) recently handed down its judgment in Unwired Planet v Huawei and Conversant Wireless v Huawei & ZTE.

Thoughts

A short primer on patenting AI and machine learning inventions at the European Patent Office

AI is booming. From banking to medical devices to self-driving vehicles, it's ubiquitous. But what can be patented in this area?

Thoughts

Cannabis: Patents in Europe

Patents are a powerful tool in Europe to protect inventions in the rapidly-growing field of cannabis-derived therapeutics.

News

UK IPO issues clear guidelines for SPC applications after Brexit

The UKIPO has issued further clear guidance on changes to the application process for Supplementary Protection Certificates (SPCs) in the UK from 1 January 2021.

News

Juve Patent UK 2021 ranking

Juve Patent has published its second annual ranking of the UK’s patent firms. The publications recommends Kilburn & Strode in five key fields of expertise within the Patent filing category.

News

Why standard essential patents are now essential to you

As a patent attorney I have been involved in the world of mobile telecommunications and standard setting organisation proceedings for coming up for 25 years of my life now so it has taken up a large p...

Case law

A patentable computer program could only be one button press away

We have published the following article in the Journal of Intellectual Property Law and Practice reporting the decision in Lenovo (Singapore) v Comptroller

Case law

Surgical Complications: T1631/17 and implicit surgical steps

It is well known that “methods of treatment of the human or animal body by surgery” are not patentable at the EPO in accordance with Article 53(c) EPC. What may not be so well known is that method cl...

News

Invigorating your portfolio: a summary

IP relevance, portfolio value, managing the patent process, interacting with IP offices, the impact of COVID-19 on counterfeiting and how the pandemic is affecting working practices: these were just a...

Brexit

Brexit and UK comparable rights: are you ready?

From 1 January 2021, the UK will no longer be covered by EUTM trade mark registrations, Registered Community Designs and International Trade Marks designating the EU.

Brexit

Customs Applications for Action post Brexit - and EORI numbers

Before the end of 2020 rights holders are advised to check the basis for their EU Customs Application for Action (AFA).

News

The value of a global patent portfolio

For countless corporations across the globe, their commercial prowess and competitive edge rests upon innovation—and, along with it, upon their ability to develop and implement a successful global pat...

Covid-19

Counterfeit Christmas

Christmas is a counterfeiter’s high season, and with UK e-commerce expected to be worth almost GBP200 billion at the end of 2020 it is likely this year’s festive period will provide even more opportun...

News

T 509/18 – Less is not always more when it comes to disclosure…

An appeal decision for European case T 0509/18 addresses the question of what the EPO considers to be an enabling disclosure in the field of machine learning. The appellant was TK Holdings Inc. and th...

Updates

Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts listed as the world’s foremost patent experts in IAM Global Leaders 2021

Kilburn & Strode is excited to announce that Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts have all been recognised as some of the world’s leading experts in IP ...

Case law

Patenting video games in Europe – the EPO’s Board of Appeal decide in favour of Nintendo (T1504/17)

The video game industry is hugely competitive and finding success involves significant investment in innovation. Sony’s PlayStation 5 and Microsoft’s Xbox Series S and X have each been seven years in ...

Thoughts

World Diabetes Day - Why Innovation Matters for Type 1 Diabetes

I’m reminded of technology every day. This isn’t because I’m a patent attorney. It’s because it keeps me alive. As someone living with type 1 diabetes in 2020, I’m fortunate to have an insulin pump, ...

News

Video killed proceedings in Haar

The European Patent Office has been edging towards videoconferencing (VC) hearings for several years. The advent of coronavirus drove an almost instant shift towards compulsory VC for lower level case...

CRISPR

BREAKING: CRISPR priority appeal written decision issued

Following its decision in January 2020 to uphold the Opposition Division’s decision to revoke EP2771468 (reported here), the Board of Appeal has now issued its written reasons for that decision.

News

SPCs and combination medicinal products: a cautionary tale

This article provides an overview of the decision C-121/17 and considers the impact on claim drafting in patents directed to combination pharmaceutical products.

Brexit

Disclose it by Design, not by Accident

On 1 January 2021 (after the end of the TP), UCDRs will no longer be valid in the UK and will be immediately and automatically replaced by new UK unregistered design rights. If you own an existing ri...

Thoughts

Marathon musings – patenting running watch algorithms in Europe

While many marathons (including Boston, New York and San Francisco) went completely virtual this year amid the ongoing COVID-19 pandemic, the delayed London Marathon was one of a small number to go ah...

Thoughts

From “Impossible” to “I’m Possible” – Personal perspectives on virtual hiring and joining during lockdown

Kilburn & Strode patent attorneys Arun Roy and Dave Wortley discuss their experiences of being new joiners at the firm in the virtual working world we now live in.

News

Managing IP’s IP Stars 2020/21 recognises fourteen patent and trade mark practitioners

Kilburn & Strode is delighted to announce that 14 patent and trade mark practitioners have received recognition in the annual publication by MIP. IP Stars is based on rigorous and impartial research o...

News

Chambers UK 2021 ranking released: Tier 1 for Kilburn & Strode’s patent and trade mark practices

In their largest guide to date, Chambers and Partners reviewed over 20,000 respondents. Kilburn & Strode is delighted to receive a Tier 1 ranking and we congratulate all fellow practitioners.

Thoughts

Nobel Prize in Chemistry 2020 Winners from a Patent Perspective

Further to my recent article about the 2020 Nobel Prize announcements, the winners of the 2020 Chemistry Nobel Prize were announced as Emmanuelle Charpentier and Jennifer Doudna on 7 October 2020 "for...

News

Kilburn & Strode’s Trade marks team stays on growth trajectory with the hire of new attorney based in the Netherlands

Since opening its office in Hilversum at the start of 2019 (as reported here), the team, led by partner Claudia Festen, has gone from strength to strength.

Thoughts

Nobel Prize 2020: A Chemistry Patent Attorney’s View

The Nobel Prizes in Chemistry, Physics, Medicine, Literature and Peace were first awarded in 1901 after being established in the will of Alfred Nobel in 1895. As patent attorneys, it’s easy to get ...

News

Our 2020 Tier 1 Legal 500 Ranking

We are pleased to announce our Tier 1 ranking in the latest edition of The Legal 500 for UK Patent and Trade Mark Attorneys. The firm has been praised for its exemplary work and our partners have been...

News

“Leading lights” of trademark practice: WTR recognises Carrollanne Lindley and Iain Stewart in the latest GLOBAL LEADERS 2020 guide

Kilburn & Strode is pleased to announce, Trade mark partners Carrollanne Lindley and Iain Stewart have both been named in the latest edition of the World Trademark Review’s Global Leaders for 2020.

Thoughts

I’m an academic, get me out of patents: strategies for promoting patenting among academics and researchers

Academics are a curious bunch. They range from the head in the clouds, eccentric clichés to the business savvy company executives, and yet, they have one thing in common: the public trusts them to tel...

Technical Tips September 2020

UK Supreme Court (UKSC) allows Kymab’s appeal as Regeneron’s patents relating to transgenic mice ruled invalid for insufficiency

In a judgment handed down on 24 June 2020, the UK Supreme Court (UKSC) overturned an earlier Court of Appeal ruling and decided two patents asserted by Regeneron against Kymab (EP1360287 and EP2264163...

Technical Tips September 2020

EPO Enlarged Board of Appeal Decision G 3/19 and the patentability of plant and animal products in Europe

EPO Enlarged Board of Appeal (EBA) Decision G 3/19 decision sets out detailed and fundamental principles for interpretation of the law relating to the patentability of plants and animal products in Eu...

Technical Tips September 2020

EPO Oral Proceedings by videoconference – what you need to know

Kilburn & Strode attorneys have been attending oral proceedings by video conference for some time, usually using the facilities in our London office. However, the current global situation has prompte...

Technical Tips September 2020

Added subject-matter and selections from multiple lists – are things getting easier?

In T 1621/16 the Board of Appeal reversed an Opposition Division decision to revoke a patent for added subject matter on the basis the claims comprised multiple selections from lists of converging alt...

Technical Tips September 2020

Less is more when seeking patent protection for chemical compounds possessing a therapeutic effect

This case concerns important aspects of UK patent law in relation to: • sufficiency, • infringement by virtue of the doctrine of equivalents, and • threatened indirect infringement of medical u...

Technical Tips September 2020

Essential guidance on patenting software-based inventions at the EPO

A recent Board of Appeal decision at the European Patent Office has reaffirmed a key practice point in the drafting of software-based patent applications for Europe: make the technical considerations ...

Case law

Breaking – UK Supreme Court hands down judgment in landmark standard essential patents cases

The UK Supreme Court (UKSC) has just handed down its judgment in Unwired Planet v Huawei and Conversant Wireless v Huawei & ZTE.

Thoughts

Prior Use ''Pitfalls'' in EPO Oppositions

This practical update takes a look at how best to use public prior use in an EPO opposition and the potential pitfalls to avoid. A public prior use attack in opposition may seem like a sure thing, b...

Thoughts

How to lose priority in 3 ways

“Priority”. A word that can strike fear into even the most seasoned of IP attorneys. While on the face of it, the law concerning priority at the EPO can seem fairly straightforward, there are a few ...

Brexit

Teddy v PMS – Unregistered Community Design Rights (UCDRs), Brexit and the pre-Socratic Greek philosophers

A recent referral from a UK court to the Court of Justice of the European Union (CJEU) seeks to clarify if disclosure of a design outside the EU may impact the protection conferred to the design in th...

News

G1/19 Hearing – law through a lens

The EPO’s recent Enlarged Board of Appeal hearing on patentability of computer simulations was important not only for its legal ramifications. The participants were present, but for the first time eve...

News

How is COVID-19 changing patent practice?

We have all had to adapt in the past few months, as we have become used to widespread lockdowns, home working and reliance on technology rather than face-to-face contact.

Thoughts

Take away the office and what happens?

For many years, many professional services organisations were afraid of allowing people to work at home. As an HR person I heard that all the time.

Thoughts

Post-Pandemic Innovation – Part 3

An examination of innovation and patenting in previous crises has identified some consistent trends and here we look at whether we can extrapolate these to the aftermath of the coronavirus pandemic, b...

Case law

An important lesson for the pharmaceutical industry: Less is more when seeking patent protection for broad chemical formulae

This article reviews the main findings of Lord Justice Arnold in Akebia v FibroGen, a “clearing the way” patent dispute that raises important questions of UK patent law in relation to Biogen insuffici...

News

G1/19 – Referral to the Enlarged Board of Appeal – Simulation Inventions

Tomorrow, we will be following and tweeting live updates on the Enlarged Board hearing for simulation-type inventions. The hearing itself will be virtual (not simulated) and open to the public.

Thoughts

Wellbeing - Adding health to the trademark practice agenda

Whether working in the corporate or law firm environment, trademark practice leaders should ensure that they have a considered wellbeing strategy in place

Updates

Crystal clear? Patenting polymorphs in Europe

Crystal clear? Patenting polymorphs in Europe. Polymorphs of drug compounds can have significant commercial value. However, obtaining patents for polymorphs at the EPO can be challenging. Here are s...

News

Regeneron v Kymab and the effect of claim scope on the requirement of sufficiency of disclosure

In a judgment handed down today (24 June 2020), the UKSC overturned an earlier Court of Appeal ruling and allowed Kymab’s appeal on the basis the patents asserted by Regeneron were invalid for reasons...

Thoughts

Essential guidance on patenting software-based inventions at the EPO - Part 2

Following on from our analysis of T 697/17 and the guidance to consider when drafting a new software related application, we analyse recent decision T 1749/14 and outline what steps you should take to...

News

AI in Drug Repurposing

To solve the greatest challenges, it often makes sense to turn to the most advanced technology. In healthcare, the present challenge has never been greater: how to combat the coronavirus pandemic.

Thoughts

Innovation from crisis - Part 2

We have seen that patenting activity naturally levels during crises which affect subsistence or economy, though against a background of robust long-term growth.

Updates

IAM Patent 1000: The World’s Leading Patent Professionals

Kilburn & Strode is excited to announce that eight of our esteemed patent attorneys have been recognised and praised in the 2020 edition of IAM Patent 1000, the market-leading annual directory that id...

Thoughts

Destined for perpetual refusal, or verging on a new everlasting movement?

Industrial applicability, alongside novelty and inventive step, is one of the conditions an invention must meet in order to be considered patentable at the EPO and the UK IPO .

Thoughts

Why it is now easier to patent high-purity chemicals at the EPO, and how to do it

Making the initial discovery of a new and potentially useful compound is just the first stage in a long road to market for a new commercial product.

Covid-19

Second medical uses at the EPO

The COVID-19 pandemic has highlighted the importance of investigating the use of known medications for the treatment of new diseases.

Thoughts

Essential guidance on patenting software-based inventions at the EPO

A recent Board of Appeal decision at the European Patent Office has reaffirmed a key practice point in the drafting of software-based patent applications for Europe: make the technical considerations ...

Thoughts

Crisis and Innovation - Part 1

In this time of extraordinary change and uncertainty, reaction has been rapid, well-meaning and often effective at the individual, enterprise and nationwide level.

News

EPO Enlarged Board of Appeal Decision G 3/19 and the patentability of plant and animal products in Europe

Last week the EPO released another decision (G 3/19, “Pepper”) from the Enlarged Board of Appeal (EBA) regarding the patentability of plant and animal products.

Covid-19

The worldwide pharma response to coronavirus – Part 2: Promising leads

Rapid spread of the novel coronavirus, SARS-CoV-2, presents an enormous challenge for the global community.

Covid-19

How the engineering industry is aiding the fight against COVID-19

New technologies continually define and guide responses across the globe to the new challenges at hand. They ultimately save lives by enhancing our ability to harness resources in original and efficie...

News

World IP Day

Sunday 26 April is world intellectual property day – a day to celebrate the role that intellectual property (IP) rights play in encouraging innovation and creativity.

News

Opposition by videoconference is now in progress at the EPO

The European Patent Office (EPO) has announced a pilot project for holding hearings, known as oral proceedings, by videoconference before EPO Opposition Divisions.

News

The long road to gender parity

It’s time to talk. Using excerpts from PWC’s report “Time to talk” as a starting point for discussion, Senior Associate Juliet Hibbert shares her thoughts on the gender parity issue in the legal sect...

Thoughts

AI Diagnostics & Digital Healthcare

The human brain is a biological marvel with an enormous amount of raw processing power.

Covid-19

European Patents just outside of their 9 month Opposition Period can still be Opposed under the EPO COVID-19 extensions

It is common-place to await the end of the EPO 9 month Opposition period before using any recently granted EP patent in an enforcement, letter before action or negotiation regarding the monopoly right...

Covid-19

EPO calls time on most face-to-face hearings in favour of videoconferences

Prompted by the coronavirus pandemic, the European Patent Office (EPO) has announced a significant change to the way it will hold hearings – known as ‘oral proceedings’ – moving forward.

Covid-19

Will COVID-19 alter the IP systems indefinitely?

The current world-wide restrictions on travel have potentially monumental impact on the administration of legal systems.

Covid-19

A note from Gwilym Roberts, Chair

We like to say we understand what our clients are going through, but never has it been truer than now! Coronavirus (or COVID-19) has flipped everyone’s worlds upside down, creating a driving need for ...

Case law

A Game of Cubes: O/039/20 – invalidation proceedings for three registered designs

On 26 March 2019, Lin Bing (an individual) applied for invalidation of each of three registered designs owned by Wild Boards Limited (a UK online retailer) on the grounds that they were not new and di...

Covid-19

COVID-19: The worldwide pharma response to coronavirus disease

As expected in these life-threatening times, the pharma companies respond by doing what they do best: research and development.

News

Another bump in the road for the UPC… (?)

The long-awaited Unified Patent Court (UPC) and Unitary Patent system in Europe has been dealt a blow today with the decision of the German Constitutional Court that the ratification process in German...

Thoughts

Gender inequality — How many patent offices does it take to fix a leaky pipeline?

The fact that gender imbalance still permeates our society is acutely reflected in inventorship figures: only 12.7% of inventors named on patent applications are female.

News

The Sunday Times ‘Top 100 Best Companies’ recognises Kilburn & Strode with a 2-star ranking

Kilburn & Strode has been recognised as a 2-star company Trainee Daniel Wood gives us an overview of how we have got here and what this means.

Updates

Top tier ranking: Kilburn & Strode’s Trade mark team on ‘rocket ride’ in glowing review by WTR 1000

World Trade Mark Review release 2020 rankings, recognising the firm’s leading individuals and ambitious European outlook.

CRISPR

CRISPR priority appeal still alive?

Although the oral proceedings in the CRISPR priority appeal, T 844/18, concluded on 16 January 2020 with the Board of Appeal upholding the opposition division’s decision to revoke CRISPR patent EP2771...

Case law

Mission Impopsicle? – Japanese ice cream maker Akagi Nyugyo, the UKIPO, and implicit disclosure

Relatively unknown outside Japan, Akagi Nyugyo is Japan’s biggest ice cream manufacturers with a staggering 400 million of its popsicles sold annually.

Updates

Kilburn & Strode receives UK Patent Attorney Firm of the Year award

We’re extremely proud to announce, the firm’s patent team has been selected as the recipient of the UK Patent Attorney Firm of the Year award at the Global IP Awards by IAM and WTR.

Brexit

Brexit - Quick tips for holders of EU-wide registered rights

Things to consider for EU-wide rights holders.

Brexit

2020 Brexit: what you need to know

Since the deadline to agree a Brexit deal of 31 October 2019 was extended to 31 January 2020, the UK’s legal landscape has changed. We look at the effects on legislation, and the practical effects for...

News

EPO refuses to name machine as legal inventor

The EPO has now issued its first-instance decision refusing the DABUS applications in which the applicant tried to specify DABUS, a computer program, as the inventor of two European patent application...

Thoughts

AI and drug discovery

Once upon a time, drug discovery was limited by the imagination of the scientists involved. But Artificial Intelligence (AI) / Machine Learning (ML) is pushing the old boundaries of drug discovery in ...

News

*Breaking News – Board upholds decision to revoke CRISPR patent*

The Board of Appeal has today confirmed that the Opposition Division (OD) was correct in deciding that priority claims of CRISPR patent EP2771468 are invalid and therefore the claimed subject matter l...

Updates

Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts named ‘IP elite’ in IAM Global Leaders 2020

Kilburn & Strode is pleased to announce that Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts have all been recognised as some of the world’s leading experts in IP...

Thoughts

Are you building a culture of innovation?

Creating a culture of innovation, being open to change and opportunity, and capitalising on new ideas can all act as catalysts for that change to happen. The groundwork needs to be laid and those who ...

News

CRISPR priority appeal - what you need to know ahead of the hearing

Arguably the highest profile appeal at the EPO in recent years (T 0844/18) will be heard before the Board of Appeal in Munich on 13-17 January 2020.

News

National Route Closure for EPC - what does this mean in practice?

It was announced at the end November that, effective 1 January 2020, San Marino has closed the national route and thus will no longer accept European patent applications, or act as a receiving office ...

Thoughts

Capturing innovation: A snapshot of the magic mix

In our article Innovation Capture 101, we show how mastering the basics of invention capture can help organisations achieve competitive advantage and long-term business success. The practical tips dis...

News

“The UK Patents Act leaves no doubt that an inventor is a person…”

Alex Korenberg, Partner & AI Expert, comments on the recent response from the UK patent office whether an AI can be named an inventor.

News

Prioritising the Priority Claim

The Board of Appeal (BoA) recently issued its preliminary comments in preparation for Oral Proceedings in, arguably, the most high profile appeal at the EPO in recent years (T 0844/18).

Updates

Jeffrey Parker joins Kilburn & Strode to expand the firm’s offering

“We are delighted to welcome Jeffrey to our ranks. His flair and wealth of experience will further enhance our leading Trade Mark practice.”

Updates

Kilburn & Strode welcome 11 Trainee Patent and Trade Mark Attorneys and launch Paralegal Academy

Crossing a range of sectors and functional expertise, we’re very proud to announce the arrival of our new trainee attorneys. We are also excited to launch our new Paralegal Academy which saw us hire f...

News

Good news - an update on ORKAMBI availability for cystic fibrosis patients in the UK

News last month reports that an agreement has now be made, after years of dispute, for patients in England to have access to ORKAMBI though NHS England. The drug was authorised over four years ago, bu...

News

Too big to pay – has Shanks v Unilever changed the way the courts interpret ‘outstanding benefit’?

On 23 October 2019, the Supreme Court handed down its judgment on whether Professor Ian Shanks is entitled to compensation under section 40 of the Patents Act 1977 for his contribution to an invention...

News

Kilburn & Strode uphold Band 1 ranking in Chambers and Partners

We are delighted to announce our Band 1 ranking for Intellectual Property: Patent & Trade Mark Attorneys UK-wide. The report states that we are a ‘leading destination for filing, portfolio management ...

Thoughts

Innovation Capture 101

How knowing the basics of innovation capture can lead to competitive advantage and long-term business success.

News

Kilburn & Strode uphold Tier 1 ranking in Legal 500 for patents and trade marks

The firm has been noted for all-round excellence and our partners have been individually acknowledged for their industry expertise.

Thoughts

Mastering the business of patents

How understanding the stable EPO approach to patent eligibility for business method and software inventions could improve your success rates in Europe, the US and beyond

News

Kilburn & Strode builds on success of San Francisco Liaison Office venture by expanding team in San Francisco

Emily Collins and Tom Hamer bolster the firm’s offering in the United States by responding to market demand for European IP in California.

News

C 239/19 – CJEU rules UK SPC referral inadmissible – no guidance on when the patent holder for an SPC is not also the Marketing Authorisation holder

The CJEU has decided that there is no issue to be heard in this referral and has ruled it inadmissible. The matter relates to a dispute between Genentech and Eli Lilly, where Genentech has applied for...

News

SPC News – Advocate General (AG) Opinion in CJEU referrals C-114/18 (Sandoz) and C-650/17 (Royalty Pharma)

As expected, the AG published his opinion in the above CJEU referrals on the 11th September 2019. The issue at hand is the interpretation of Article 3(a) of the SPC Regulation (EC 469/2009) which sta...

Thoughts

Changing the game: Tomorrow’s tech in the video game space

It’s National Video Game Day! To celebrate, we’re exploring innovation in this exciting area by taking a look at patent trends in video game technologies at the European Patent Office (EPO).

Brexit

EUIPO and UK Proceedings (Ex Parte/Inter Partes) After Brexit

In the event of Brexit, the trade mark landscape in the UK and EU will change. This paper considers the effect on proceedings before the EU and UK Intellectual Property Offices.

Brexit

Cloning rights and filing strategy for trade marks post Brexit

Once the UK leaves the EU, the European Union Trade mark (EUTM) will no longer cover the United Kingdom.

Brexit

Brexit – Counterfeits and EU exhaustion of rights

THE UKIPO’s IP Crime Group has just issued its 2018/9 report and counterfeit activity is on the increase. Criminal trade in counterfeits increased to $509 billion in 2019; approximately 3.3% of world ...

Brexit

EU trade marks and Brexit - Known Unknowns!

These are questions which you can address with your clients who have interests in the UK or the EU.

Brexit

Ministerial merry-go-round hits IP again

Britain has a lot to be worrying about at the moment, and the resignation of Jo Johnson as (amongst other things) IP Minister today is part of a much bigger picture. However, it is worth reflecting on...

Brexit

Brexit and IP rights: what you know, what you don’t know, and what you should know.

The UK is set to leave the European Union on 31 October 2019 (“Exit Day”). There will be fundamental changes to how EU-wide rights, including EU Trade Marks and Registered Community Designs, are prote...

News

The SPC manufacturing waiver enters into force

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 (also referred to as “the SPC manufacturing waiver”) entered into force on 1 July 2019 following publication in th...

Updates

Sharing the joy: A patent attorney's view on Kilburn & Strode’s shared parental leave policy

Training as a patent attorney requires commitment. Professional exams need to be passed. This takes time. For many, the need to sit exams coincides with a stage of life when we may consider starting a...

News

New Rules of Procedure of the Boards of Appeal approved

The Administrative Council of the EPO has just approved revised Rules of procedure of the Boards of Appeal. The new RPBA will come into force on 1 January 2020.

News

Actavis v ICOS - The Supreme Court rules on Dosage Regimes

On 27 March 2019, the Supreme Court handed down its judgement in Actavis v ICOS1, unanimously agreeing with the Court of Appeal that ICOS’ patent to a new dosage regime for tadalafil lacked inventive ...

Thoughts

Standing proud

Voices from across industry speak openly about inspiration, impact, and the essence of Pride.

Thoughts

Making an impact: Treatments for HIV and pre-exposure prophylaxis (PrEP)

Recent advances have led to enormous progress in preventing transmission of HIV. We’re looking at the history of the virus, the impact of recent developments on the LGBTQ+ community and some of the in...

Thoughts

Product launch and risk – the role of patent landscaping

We are often asked to carry out a “Landscaping” exercise for clients and the first thing that we always do is to check exactly what is required. The term is used for a whole range of different approac...

News

Accelerated prosecution of European patent applications - PACE

Accelerating the prosecution of a patent application can be useful. The grant of a patent can be critical in terms of its value with regards to investment and enforcement.

Thoughts

Gender disparity in innovation

Associate Emily Collins from our Technology team has published an article in IP Magazine titled “Gender disparity in innovation”.

Updates

IAM Patent praise the firm’s global outlook, wealth of expertise and modern attitude with another top-tier ranking

Our patent professionals have been given a rave review by legal directory IAM Patent with the release of their 2019 publication.

News

Online counterfeiting – how you can protect your brand

The global counterfeit goods industry is estimated to be worth over US$500 billion a year, accounting for 3% of international trade. Online sales make up a vast proportion of that figure and protectin...

Thoughts

The era of IP Practice 3.0

We’re all beginning to see the impact of artificial intelligence tools across aspects of work, leisure and travel. The focus of the third and final article in our series on AI and IP is therefore: how...

Updates

Kilburn & Strode signs the Time to Change employer Pledge

At Kilburn & Strode we value diversity and inclusion. We want everyone to be themselves at work. Our goal is support and promote good mental health and that means we are happy to talk about it and pro...

Thoughts

Using prosecution history in UK infringement proceedings

In the UK, prosecution history has rarely been considered during infringement proceedings. Lord Hoffman famously stated in Kirin v Amgen (2005) that “life was too short” to assess the prosecution hist...

News

SPC manufacturing waiver adopted by European Parliament

The SPC manufacturing waiver has recently been adopted by European Parliament. It is still to be adopted by the Council of the European Union, although the Council is expected to do so in a matter of ...

Updates

Kilburn & Strode’s Innovation for All Foundation enables young people embarking on a career in STEM and tackles digital exclusion

On World IP Day 2019, Kilburn & Strode is proud to announce the first grants from its Innovation for All Foundation to charities Generating Genius and Lifeshare.

News

Unlocking the patent system - five reasons to file

“File! File! File!” The clarion call comes from patent attorneys and inventors alike when the golden glimmer of an invention is revealed amid empty coffee cups and biscuit crumbs of an invention minin...

News

EPO President adds further spice to patents on peppers

The EPO President, António Campinos, has referred the decision of the EPO Technical Board of Appeal in case T1063/18 to the Enlarged Board of Appeal (EBA).

News

Double trouble: Should doubling down on patent protection be allowed?

A new referral to the Enlarged Board of Appeal of the European Patent Office on double patenting has the potential to influence patent filing strategies in Europe. Kristina Cornish and Oliver Lam ta...

Updates

Kilburn & Strode volunteers help homeless people get ahead on the job market

Facilitated by the 999 Club, a charity committed to sustainable employment and housing solutions for people affected by homelessness, the partnership is designed to help those in need improve their em...

Updates

Kilburn & Strode announces partnership expansion

Kilburn & Strode is further strengthening their top-tier service offering with the promotion of Mark Abthorpe and Jeremy Smith to partner, effective April 1 2019.

Brexit

Brexhaustion of IP rights - Moving patented products to Europe after Brexit

Changes to the exhaustion of rights doctrine could affect your business after Brexit. Read on to find out how.

Brexit

UK Intellectual Property Office issues guidance notice on SPCs in case of no-deal Brexit

The UK Intellectual Property Office has posted a guidance notice on its website on 8 March 2019 relating to the situation for Supplementary Protection Certificates (SPCs) if the UK leaves the European...

Thoughts

Femtech: The next big market disruptor is here, and it’s fearlessly female

Femtech, or Female Technology, is the merging of modern technology and women’s health to address age-old issues. The market is booming, and it’s long overdue. Here we look at the recent market growth...

Thoughts

An act of balance: Voices of leading female trailblazers

This year, International Women´s Day runs under the themes #BalanceforBetter. How is it possible that in this day and age, we still don’t live in a world of gender balance and equal rights?

News

Albert Keyack, former EPO attaché to the United States, joins Kilburn & Strode to expand the firm’s US offering

Top-tier European IP firm Kilburn & Strode further expands its reach into the US with the hire of Albert Keyack, former EPO attaché to the United States, as Vice President.

News

Computer simulation - referral to the EPO’s Enlarged Board of Appeal

In a rare referral to the Enlarged Board of Appeal, the EPO’s highest appeal board that decides on points of fundamental importance

News

On the rise of ‘Robin Hood’ pharmacies

2.6 billion British pound sterling. That is the average cost of bringing a new drug to market. Pharmaceutical companies willing and able to make such an investment will, in the first instance, try to...

News

Patent eligibility of cultured cells in the US: A European perspective

Michael Newton from our highly respected Life Sciences team has published an article in the journal European Intellectual Property Review (EIPR) titled “Differences in Culture: Expanded Cells Held Pat...

News

Patentability of plant products obtained by an essentially biological process

In a decision issued by the Technical Board of Appeal on 5 February 2019 (T 1063/18, 5 December 2018), plant products obtained by an essentially biological process were found to be patentable subject ...

News

LexisNexis IP analysis - Big Mac trade mark action – they’re not lovin' it

The EU trade mark registration ‘BIG MAC’ has been revoked by the EUIPO Cancellation Division on the basis of lack of genuine use.

Updates

Top-tier ranking of our trade marks team revealed with the publication of the 2019 edition of the WTR 1000.

Our trade marks group has again received a top ranking, citing our excellent client service and straight-talking advice in the UK World Trademark Review 1000 2019 (WTR).

Gamechangers 2019

Inventions, Innovators and IP

In the last few years technology has evolved to a new level, and society needs to take a breather to make sure it’s happy with what’s coming next.

Gamechangers 2019

Plastic waste: cost or opportunity?

Against a backdrop of over 300 million tonnes of worldwide plastic production annually, with some plastics taking 400 years or more to break down, the planet is facing a significant crisis of plastic ...

Gamechangers 2019

5G – It’s about time (delays)

For many years, efforts have been made to collaboratively improve and harmonise the technical standards that underpin global telecommunication networks, such as 3G and 4G.

Gamechangers 2019

Robots on the rise

A tale as old as time is our obsession with machines. Based on the notion that our bodies are essentially (complex) machines, scientists and engineers have been trying to overcome the limits of our bo...

Gamechangers 2019

Protecting the protector: The intersection of IP and Immuno-Oncology

Immunotherapy uses the body’s natural immune system to fight cancer, rather than direct killing of cancer cells with chemo/radiation therapy, which can lead to undesirable reduced immunity and may not...

Brexit

Brexit: what does 2019 hold for trade marks?

The UK is set to leave the European Union on 29 March 2019. However, there remains much uncertainty over how, when and even if the United Kingdom will exit the European Union (“Brexit”).

Brexit

Brexit & IP - Business as usual?

On 16 Jan 2019, Theresa May’s Brexit deal saw a historic defeat, and what happens next remains uncertain. But, no matter the outcome, we can advise on your intellectual property.

Updates

Top-tier European IP firm Kilburn & Strode strengthens European offering with new Amsterdam team

Kilburn & Strode has further expanded its European capabilities with the addition of a trade marks team based in Hilversum, just outside of Amsterdam.

Updates

Happy Holidays from Kilburn & Strode

We're wishing you a wonderful festive season and a happy start to 2019!

Thoughts

Patents versus prizes: A Nobel case study

Is the patent system the best way to incentivise innovation? This has been a longstanding question in scientific and technological spheres. Patents enable companies and institutes to see a return on t...

Thoughts

AI’s threat to trade mark rights

The internet is the world’s marketplace, storefront, and trading floor, with businesses and brands vying for attention. While the machines are still learning, they are already influencing consumer hab...

News

Assessing the EPOs new guidelines on AI

The new edition of the EPO’s Guidelines for Examination came out last month, but what has changed for AI and machine learning inventions?

News

International Patent Litigation

Proud of our Chairman Professor Gwilym Roberts for contributing & editing the 2nd edition of International Patent Litigation.

Thoughts

Ingenious machines: Inventive Step and the Fourth Industrial Revolution

It is a requirement of most, if not all, patent systems that an invention should be non-obvious over the state of the art in order to warrant patent protection.

Updates

The firm welcomes 11 new Trainee Patent and Trade Mark Attorneys

From PhDs in astrophysics to tenures in-house at luxury brands, this year’s group is one of our most diverse. Crossing a range of sectors, functional expertise and backgrounds we’re very proud announc...

Updates

Our patent and trade mark teams again receive a Band 1 ranking in Chambers and Partners

We are pleased to announce our top-tier ranking in the latest edition of Chambers and Partners for UK patent and trade mark attorneys.

News

The new edition of the EPO's Guidelines for Examination comes into effect today

The changes to the Guidelines relate to a range of issues, such as the test for removing or replacing features in a claim, new sections on exclusions to patentability including AI and machine learning...

Updates

Top Tier ranking in Legal 500 for patent and trade mark teams

Kilburn & Strode is pleased to announce our Top Tier ranking in the latest edition Legal 500 for UK Patent and Trade Mark Attorneys.

News

Waking up from 'The (Native) American Dream'...?

The global pharmaceutical company took the eyebrow-raising step of transferring these patents to the Native American St. Regis Mohawk Tribe, who benefit from “sovereign immunity” status.

Thoughts

The EPO and computer-implemented inventions: an appeal for more?

Since 2015 we have seen a series of extensive updates to the computer-implemented invention (CII) sections of the European Patent Office’s Guidelines for Examination, the practice guide for EPO examin...

Thoughts

EPO Draft Guidelines on patenting AI published – level playing field? Asks Alexander Korenberg

Following a recent announcement by the EPO, a preview of the next version of the Guidelines for Examination is now online. One of the changes highlighted was a section on the patentability of AI and M...

Thoughts

AI Meets IP: The patent challenge

This, the first of a series of articles looking at AI and IP, focuses on using patents and other IP rights to protect AI-related inventions and machine learning.

News

Broad Institute wins CRISPR Appeal

This week saw the latest instalment in the now infamous multijurisdictional CRISPR patent war between two heavyweight academic institutions, the Broad Institute and the University of California - a wi...

News

Novelty of overlapping ranges before the UK Courts - Jushi v OCV

The use of numerical ranges in patent claims is common in many technological fields. The question of novelty of a numerical range over a range disclosed in the prior art is often faced and, in particu...

Thoughts

Don't treat a subject; treat a disease

How closely must the language of a subsequent medical use claim match the language approved by the European Patent Office (EPO)?

Thoughts

Computer says no - AI given powers in Australian draft IP legislation

We were very intrigued recently when our friend at the UKIPO, James Porter, alerted us to an interesting part of some draft legislation in Australia.

News

Accelerated examination of SPCs in the UK

The European Commission recently announced a proposal to amend the relevant legislation governing Supplementary Protection Certificates (SPCs).

Thoughts

LexisNexis - Trade Mark Directive 2015 - next steps towards implementation

Carrollanne Lindley, partner and head of the trade marks group spoke to LexisNexis about the government’s proposed amendments to the Trade Marks Act 1994 in order to implement the new EU Trade Mark Di...

Brexit

A glass half-full: a chance to improve SPCs post-Brexit?

The United Kingdom (UK) government is currently pursuing its stated policy of leaving the European Union (EU). Negotiations between the remaining 27 EU member states (the EU-27) and the UK are ongoing...

Brexit

Brexit: what it means for Intellectual Property

As members of the UK’s parliament continued to slog it out over the Brexit Bill (the UK negotiating with itself), the European Commission and UK published a joint statement on how negotiations between...

Brexit

UK doubles down on Unitary Patent system

Following the surprise ratification of the Unified Patent Court Agreement by the UK on World IP Day 2018, a new Brexit white paper published last week confirms that the UK intends to explore how it ca...

News

A Tale of Two Dasatinibs

Things could be looking up for Bristol-Myers Squibb after a tumultuous year that saw the EPO Board of Appeal confirm the revocation of EP1169038, a patent protecting the successful cancer drug dasatin...

Thoughts

Why LGBTQAI+ pride is important

Partner Tom Leonard muses on the history of LGBTQAI+ Pride and why it is as important as ever.

Actavis v. ICOS The death knell for dosage regime patents in the UK?

On 1 November 2017, the UK Court of Appeal handed down its decision in Actavis v ICOS1 in which Lords Justice Kitchen, Floyd and Lewison overturned the first instance decision of Mr. Justice Birss.

Updates

Kilburn & Strode launches Innovation for All Foundation on World IP Day 2018

Giving back to create change: On World IP Day 2018, Kilburn & Strode launches our Innovation for All Foundation.

Thoughts

Inventions that made the modern running shoe

With the London Marathon just around the corner, Gregory St Clair Jones and Nico Cousens take a look at some of the many inventions that have shaped the modern running shoe we know today.

News

EPO update - Postponement postponed!

On 9 February 2018, CIPA was invited to attend an EPO consultation in Rijswijk to discuss a proposal for postponed examination

News

Who's Who Legal says 'Kilburn & Strode lead the way in the European market'

We are very pleased to announce Kilburn & Strode has achieved six listings in the Patent Agents & Attorneys 2018: Analysis conducted by Who’s Who Legal

Updates

Improving Employee Well-being: Drop by Drop

Employers are always thirsty for ways to keep their people healthy and well.

Thoughts

Updated LexisNexis Practice Note - 'Managing a trade mark portfolio’

Carrollanne Lindley and Lorraine Lowell Neale from our highly regarded trade marks team have worked with LexisNexis to update the Practice Note titled ‘Managing a trade mark portfolio’.

News

Industrial design rights: UK ratifies the Hague Agreement

The UK government has announced that, as of 13 June 2018, the Hague Agreement Concerning the International Registration of Industrial Designs will enter into force in the UK.

Thoughts

How likely is Little Miss Inventor to be awarded a patent?

A new member will be joining the Mr Men and Little Miss series, and we couldn’t be happier with Adam Hargreaves’ choice of character.

Thoughts

Strut of the drones: fireworks to fashion

Over the last few weeks drones have been swarming our headlines.

News

EPO patent practice update

On 8 December 2017, we attended a meeting that CIPA hosted with EPO Directors to discuss a range of topics related to current practices and proposed developments at the EPO.

Thoughts

Should we bother with experts?

Victoria Barker looks at how the EPO handles submissions from technical experts, and what contribution having a technical expert on your side really makes.

News

EPO announces Patent Prosecution Highway pilot scheme with Russian patent office

The European Patent Office has announced a Patent Prosecution Highway pilot scheme with the Russian Patent Office. Information on the scheme can be found here.

Thoughts

The latest CJEU referrals relating to SPCs Article 3(a) still not clear?

The last few months have brought us two new CJEU referrals for disputes relating to SPCs – Decision 14 W (pat) 12/17 of the Bundespatentgericht (the “sitagliptin” reference) and Sandoz Limited & Hexal...

News

New European Strategy for Plastics presents opportunities for Biome Bioplastics

On 16 January 2018, a first-ever European Strategy for Plastics was launched with the aim of revolutionising the design, use, production and recyclability of plastics in the European Union. Against a ...

Thoughts

The case for UK litigation: Quality v Cost

Litigating is expensive. Naturally, therefore, determining a strategy for whether and where to enforce patent rights can provoke tough decisions. A recent report by the UK IPO, burnishes the UK’s repu...

Thoughts

EPO Decision G 1/16 - A victory for common-sense?

At the highest level of the EPO, the Enlarged Board of Appeal continues to deliver EPO binding decisions on technical and legal issues. For those of you interested in the ever relevant matter of discl...

News

Dear Santa, this year, I gift my wish to brand owners combatting counterfeit goods this Christmas

Dear Santa, as Christmas fast approaches my wish is for brand owners to combat counterfeit goods with some simple measures.

News

Dear Santa, can I have the EPO approach on software patentability become the gold standard worldwide?

Dear Santa, my wish is that more Patent Attorneys realise the EPO standard is at least a clear approach to a software invention, and we all need to sweat over each case and dig deeper into each invent...

Thoughts

5 ways to cut through the red tape at the European Patent Office

Sometimes you want to speed things up, sometimes you want to slow things down. Sometimes you want to reduce the official paper trail while putting yourself in a better position to obtain the scope tha...

News

The UK IPO fights for its slice

Recent statistics suggest that direct filings at the UK IPO are lower than those at other key international patent offices. The UK patent system is undeniably a strong system. It seems that, regardles...

News

The pharmacy exception: recent developments in the Netherlands

Following discussion and recent recommendations from the Dutch Parliament, the Dutch Minister of Health has started an investigation into the laws relating to patents and medicines. Read our article o...

News

A qLegal talk from Google in-house counsel at our new offices

A group of students attended our offices from Queen Mary University of London’s qLegal programme. The students participated in an interactive session on issues for start-ups, led by David Shanks, Seni...

News

Dear Santa, Please can I have consistency when the EPO deals with added-matter?

Santa my wish is that you can get the EPO to make more uniform how Article 123(2) EPC is applied. Then I won’t have to suffer the ire of my clients’ attorneys. Who knows, I may even be able to make a ...

Thoughts

Patenting the Machine – why there’s hope at the EPO for the future of AI-related inventions

Reconsideration of the application of the software patentability exclusion would seem to be a very important step if we are to encourage innovators in the field of developing better AI engines.

Updates

Our Chairman represents the firm at various industry events spanning China, Japan, Hong Kong and New Zealand

Our Chairman, Gwilym Roberts, has recently returned from a trip spanning China, Japan, Hong Kong and New Zealand.

Updates

The firm welcomes 12 new Technical Assistants

We are excited to announce we have 12 new Technical Assistants with a range of backgrounds, experience, and interests joining us in groups across the firm.

Updates

Five Kilburn & Strode partners recognised in IAM Strategy 300

We are very excited to share with our network that our firm has five partners listed in the IAM Strategy 300 rankings - more than any other UK IP firm.

Updates

Our patent and trade mark teams again receive a top-tier ranking in Chambers and Partners

We are pleased to announce our top-tier ranking in the latest edition of Chambers and Partners for UK patent and trade mark attorneys. We have been recognised as a ‘leading destination for filing, por...

News

A drop in UK patent filings – worrying or warranted?

A recent report shows a drop in UK patent filings. Is this a reflection of the state of UK innovation?

News

The U.S. Alice Decision has a positive impact for UK patent litigators

Following the recent expiration of Amazon’s infamous 1-Click US patent coupled with the Federal Circuit’s remarkable ruling in Visual Memory, Nick Shipp explains the need for more stricter specificati...

Thoughts

IP Rights: Where Does the Internet Stop?

Gwilym Roberts gives his view of the recent Canadian case which raises a wide range of jurisdictional issues for IP and tech lawyers. IP is proving to be a valuable test-bed for resolving the rising t...

News

Patent Box improves large companies’ finances, but is UK innovation getting the same reward?

The most recent official statistics on Patent Box show an increase in the amount of relief claimed, which should be good news for business, innovation and the UK economy.

News

Experienced Senior Associate joins the Electronics and IT group

We’re thrilled to announce our new joiner, Karen Fraser. Karen primarily works in the IT, software and telecoms space. Much of her work is based around computer-implemented inventions that lie close t...

Updates

Top Tier ranking in Legal 500 for Patent and Trade Mark teams

Kilburn & Strode is pleased to announce our Top Tier ranking in the latest edition Legal 500 for UK Patent and Trade Mark Attorneys.

Brexit

The role of GB in influencing global IP policy

The UK continues to be a global IP policy key player. However, in light of the approaching impact of Brexit, and what seems to be a fragmenting international landscape in terms of harmonisation, the U...

Brexit

Does the UK Government’s Brexit plans bode well for the UPC?

The UK Government has set out that it is willing to have an implementation period post-Brexit in which it will still be bound by decisions of the CJEU, and will also be bound by new rules in the perio...

Thoughts

Allergan's patent shield – The (Native) American dream?

In an unprecedented move, leading global pharmaceutical company Allergan appears to have handed six of its US patents covering its blockbuster dry eye drug to aNative American Tribe in Northern New Yo...

News

Changes to EPO Guidelines regarding timing of summons to oral proceedings

The EPO has issued a revised version of its Guidelines for Examination, which will come into effect on 1 November 2017. One key change has been made, which is that Examiners can issue a summons to att...

News

Unjustified Threats Act to take effect on 1 October 2017

The IP (Unjustified Threats) Act will take effect on 1 October 2017. Amongst other changes, the new law will provide a more consistent framework for dealing with unjustified threats concerning infring...

Updates

Trade mark partners recognised as thought leaders in Who’s Who Legal 2017

The 2017 edition of Who’s Who Legal has recognised Kilburn & Strode as a top tier firm for Thought Leadership, ranking trade mark partners Carrollanne Lindley and Iain Stewart in their 2017 guide.

Updates

Nick Bassil comments on Indivior losing U.S. Patent dispute in Lawyer Monthly

The drugs group, Indivior, saw £1bn wiped off of its stock value following the loss of a US Patent. Our partner, Nick Bassil, comments to the Lawyer Monthly on the outcome.

News

UK Government issues major IP review paper

This is a brief summary of the recently issues UK IPO report entitled 'UK Patent System: Building the evidence base'. Further notes on interesting topics covered by the report are titled and will foll...

News

EPO toughens stance on post-filed data

An EPO Board of Appeal left the pharmaceutical sector much to ponder in February this year when it confirmed an earlier EPO Opposition Division’s decision to revoke Bristol-Myers Squibb’s European pat...

Thoughts

FRAND with benefits

Chairman, Gwilym Roberts welcomes a patents ruling getting commercial issues in line with public policy. In the recent Unwired Planet v Huawei decision, renowned High Court judge Sir Colin Birss stepp...

News

Microbiological inventions – a gut feeling…

The rapid development of biotechnology since the 1970s has enabled this field to emerge as one of the most innovative and promising areas of scientific research.The inclination towards healthy eating ...

News

Expertise and skill across the firm highlighted in recent ranking

Another independent publication has been released highlighting the strength of our teams across the firm. After months of research and client interviews, the publication has released the analysis of o...

News

Estonia ratifies the UPC but implementation delay continues

On 1 August 2017, Estonia took the necessary steps to ratify the Unified Patent Court (UPC) Agreement. Estonia is therefore the 13th country to ratify the agreement.

News

UPC update - what could another delay mean?

The course of the ratification process of the Unified Patent Court Agreement rumbles on in the UK. The secondary legislation to enact the UPC Agreements in the UK was all set to have a first reading i...

Thoughts

Actavis v Eli Lilly - what patent attorneys and examiners need to know

This infringement case is the UK's, and perhaps, Europe's biggest in 12 years. We thought about what attorneys and examiners need to learn from this - and how it could impact how to draft, get and gra...

Thoughts

A bump in the road, a fork in the path or a nail in the coffin? What exactly is happening with the UPC?

The prospects of an early start to the UPC/UP package have already disappeared into the distance. While on some fronts progress is being made, on others new challenges arise. A shifting landscape mean...

Updates

Two Lateral Hires join our Life Sciences and Chemistry Team

We are delighted to announce the arrival of Victoria Coleman (MChem in Chemistry and Patent Law) and Gavin Wai (MSc in Biochemical Engineering and BSc in Biotechnology).

Updates

Top-tier ranking focuses on our exciting growth and developments

We have another great write-up in a leading directory this year, IAM Patent 1000. We are ranked top-tier in the United Kingdom for patent professionals - and we are thrilled about it.

News

'More than just a game' - the Queen Mary University conference on gaming law

Our Chairman, Gwilym Roberts, reflects on his day at the 'More than just a game' seminar by Queen Mary University of London on gaming and interactive entertainment law.

News

New law provides clearer framework for unjustified IP infringement threats

In the UK, if a person threatens another with infringement of certain intellectual property rights, the person that makes the threat can liable for damages if the threat is later considered to be grou...

Thoughts

Dispute resolution a matter of opinion

The UK IPO opinions service is in practice proving to be a very cost-effective and fast alternative to 'flight or fight' in patent disputes, however the ramifications that the patent in question will ...

Updates

New Partner in our Life Sciences and Chemistry team

We are thrilled to announce that our firm has promoted Kathryn Eldridge, a colleague in our Life Sciences and Chemistry team, to Partner. Kathryn is a talented and prestigious attorney – and is always...

News

Enough to be the local hero

The CJEU has given us guidance on the nature and extent of protection afforded to business names, as non-registered trade marks of 'more than mere local significance'.

News

New search procedure at EPO for applications which lack unity

The EPO has recently changed its practice relating to patent applications containing more than one inventive concept.

Brexit

Brexit: Article 50 has been triggered – what next?

On 28 March 2017, Theresa May formally notified the European Union of the UK’s intention to withdraw from the EU. Here, we discuss what this means for your intellectual property rights.

News

EPO initiatives already starting to bear fruit

The recently released EPO Annual Report includes statistics on filings, as well as indicators of the productivity of the EPO in processing applications. We welcome these efforts to increase productivi...

News

Guidance on SPCs for combination products

This decision provides guidance on the issues of whether a combination product is protected by a patent for the purposes of the SPC Regulation and whether the product can be considered as a separate i...

News

The Willow Tea Rooms - a recent trade mark opposition

A business owner of 'The Willow Tea Rooms' in Glasgow has successfully opposed The Willow Trust’s application for trade marks and was granted an award of costs. The case had various interesting elemen...

Updates

Kilburn & Strode support International Women’s Day 2017 #beboldforchange

In the past year, Kilburn & Strode women have made strides both in their careers and their personal lives. We are proud to support the International Women's Day theme #beboldforchange.

News

Supreme Court to weigh in on major second medical use patent case

The Supreme Court has granted Warner-Lambert permission to appeal the order made by the Court of Appeal on 13 October 2016. This is part of a long running dispute concerning a second medical use paten...

News

Patents Court grants new form of declaration aimed at providing commercial certainty

The Patents Court has granted a new form of declaratory relief that has never been seen before in the UK, with the aim to provide commercial certainty for claimants.

Thoughts

Blockchain Buzz

Partner, Gareth Fennell, shares his thoughts on the blockchain buzz and what innovators should be doing about it now and when to seek advice.

News

Second medical use claims guidance on infringement

It had been hoped that a recent decision would provide some guidance on the infringement of the second medical use patents and how generic companies can safely launch onto the market. Read more on thi...

Thoughts

The European Patent Office – steps forward, steps back?

The IP world has been hearing about a fairly chaotic time at the European Patent Office and it is sometimes difficult to assess whether the overall mood is one of improvement or regression.

Updates

Top-tier ranking highlights the successes of our Trade Marks team

As recognition for our expertise and client-focused approach, Kilburn & Strode’s Trade Marks group has again received a top ranking in the UK World Trademark Review 1000 2017.