News & insights

Thoughts

IP and the sustainability challenge - unleash the superpower!

“A race we can win….” the iconic words of United Nation’s Secretary-General António Guterres as he reflected on the rapid rise of technological solutions to help reduce net emissions and create a clea...

Thoughts

Flexibility fuels ambition – International Women’s Day 2024

International Women's Day (IWD) is a global celebration of the social, economic, cultural, and political achievements of women. Each year, it serves as a powerful reminder of the progress made towards...

Analysis

A bend in the road for electric vehicles: what we can learn from battery patent filings (Part 1 - Battery chemistry and electrolytes)

With an ever increasing market share of electric vehicles, the demand for better batteries has never been stronger. Headlines from the battery industry often suggest that a step-change in electric veh...

Food and Drink

Dentists rejoice: all hail the rise of the sweet protein!

The new year brings new year’s resolutions and Lent - and with these, the idea for many to reduce their sugar intake.

Thoughts

RNA therapeutics: a promising new technology with a complex and rapidly evolving patent landscape

Despite the recent advances in mRNA technology following the COVID-19 pandemic, the concept of using RNA as a therapeutic has been around for many years.

AI musings

A change of emotional perception

A recent High Court appeal (Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch)) has up-ended the examination practice of ANNs in the UK.

Thoughts

Healthcare wearables – 5 useful things to know about patenting their use (part 2: treatment by surgery or therapy)

This article focuses on five useful things to know about patenting the use of healthcare wearables in the field of therapeutic and surgical treatment.

Thoughts

Healthcare wearables – 5 useful things to know about patenting their use (part 1: diagnostic uses)

This article focuses on five useful things to know about patenting the use of healthcare wearables in the field of diagnostics.

Thoughts

Rethinking the drug development paradigm with animal-free models

90% of drug candidates fail once they reach clinical trials in humans. The reason for this lies in simple biology: animal models are not perfect representatives of humans.

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

Patenting psychedelics

An increasing number of clinical studies show promising results for the use of psychedelic therapies in the treatment of various mental health conditions.

Food and Drink

Food & Drink in the smart cities of our future

Smart cities are transforming the way we live and work, and one area where these advancements are making a significant impact is the food and drink industry.

News

EPO decision adds to sparse case law on core AI patents

Artificial intelligence and machine learning have become ubiquitous, with rarely a day going by without an exciting new development or application. Together with the rise of AI and ML generally, the ...

Thoughts

Sustainable menstruation: female-led innovation past, present, and future

In recognition of World Menstrual Hygiene Day, we take a look at the history of female-led innovation in menstrual products, and future areas of focus.

Thoughts

Innovations in light: human endeavours in harnessing the photon and riding the optical wave

UNESCO’s International Day of Light, on May 16, seems well timed: it celebrates the role that light plays in science, culture and art, education, and sustainable development.

Thoughts

Can you guess these famous video game items from patent claims drafted by ChatGPT?

We have used ChatGPT to write patent claims for 5 fictional video game items. Here is a warm-up round for you to get the idea.

Thoughts

World Hearing Day: hearing loss, technology & me

To mark World Hearing Day 2023, Daniel Jarrett and Alessandro Sona sat down with a colleague to talk about her experience of hearing loss and technology’s place in her life.

Thoughts

AI technology and patenting in the life sciences part 3: Innovations made using AI

Drug discovery and development is perhaps the most prominent area where AI can be used to make discoveries. This article explores the ramifications, if any, of using AI when seeking patent protection.

Thoughts

AI technology and patenting in the life sciences part 2: When should AI-based life science innovation be patented?

Broad protection for AI-based life science inventions may be difficult to obtain and the pace of technological development can mean that a patented technology becomes obsolete early on in the life of ...

Thoughts

AI technology and patenting in the life sciences part 1: Is AI-based life science innovation patentable?

AI technology has been around for about 80 years and has gone through several cycles of optimism followed by disillusionment. Yet recent years have seen unprecedent growth of this technology in terms ...

Thoughts

How the tech transfer scene is changing in Europe: an end-of-year fireside chat between Marco Morbidini and Andrea Alunni

Partner Dr Marco Morbidini meets Dr Andrea Alunni, Special Adviser to the Executive Director at the EUIPO, for an end-of-year fireside chat.

Thoughts

The most revolutionary invention in sport - A Sailor’s View

When looking at the technology currently in the sport of sailing, one would imagine that it is now that the most revolutionary boating inventions are being made. We’d counter that by suggesting lookin...

Thoughts

Take 10: German Utility Models – the killer IPR in Europe

The new Unitary Patent is being lauded as the new killer Intellectual Property Right (IPR) in Europe. However, there is one IPR in Europe that is too often overlooked. Instead, it has quietly been doi...

Food and Drink

AI in the kitchen: The future of food technology

The idea of robots in the kitchen once seemed like a strange and alien concept. Fast forward to today and AI is well on its way to making itself at home among our slow cookers and air fryers.

AI musings

AI and IP: Where are we headed? An industry perspective

In an insightful interview, AI Lead and Partner Alexander Korenberg sits down with computer scientist and fellow AI expert Anita Shaw to discuss patenting AI, the importance of data and the question o...

European software patentability series

European software patentability: Zooming back in

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment XII

Thoughts

Deposits of biological material at the EPO: steps to take at PCT filing

In this briefing note, we review the necessary actions to take at the PCT filing stage when the depositor is not the applicant, in order to avoid potential problems in the European phase.

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry – Hampton Court Gin

These days, gin is absolutely booming and craft gin is the hip drink of choice whatever your age. But how hard is it to stand out in such a crowded market?

Thoughts

FTO and beyond

We recently held an exciting virtual event aimed at in-house counsel, on the topic of Freedom to Operate (FTO). For those who missed the event (and those who want a refresher), here is the transcript ...

Case law

Place of use – wrong standard?

In a rare case of the General Court going against the Board of Appeal’s decision, a luxury hospitality operator sought to retain their EUTM despite rendering the services outside the relevant territor...

European software patentability series

European software patentability: The Business Person is Boss

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment XI

Thoughts

What's in a name? Jose Mourinho

Chelsea Football Club Limited employed Mourinho as manager between 2004-2007 and 2013- 2015, and are still the registered proprietors of European Union Trade Mark (EUTM) and UK registered trade mark r...

Analysis

IP in Sport – A game of branding and tech transformations, transfer and trickle-downs

In the highly competitive world of professional sport, technology delivers the marginal gains that can be the difference between success and failure. What role does IP play in this context?

European software patentability series

European software patentability: Let's get physical

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment X

European software patentability series

European software patentability: Breaking Bad

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment IX

Thoughts

Create, secure and stabilise – the vital role of patents in supply chains

Now that the world has witnessed supply chains becoming disrupted, it is perhaps the right time to focus on the vital role that patents can play in creating, securing and ultimately stabilising new or...

European software patentability series

European software patentability: The lovable constant

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment VIII

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry - Russell & Atwell

How do disrupters in the Food & Drink sector see things themselves and what do they think the future holds? We speak to the passionate Giles Atwell, co-founder of Russell & Atwell to find out.

European software patentability series

European software patentability: I’m Football Crazy, but Football’s Mad

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment VII

European software patentability series

European software patentability: Cutting through the noise

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment VI

European software patentability series

European software patentability: Cheating your way to the finish line

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment V

Thoughts

Innovation, collaboration and the ever-present climate crisis – Interview with Faustine Delaselle, SYSTEMIQ Ltd

To find out more about the challenges that heavy industry faces, the need for collaboration and the impact of COP26, Kilburn & Strode spoke to Faustine Delaselle of SYSTEMIQ.

European software patentability series

European software patentability: The big split

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment IV

European software patentability series

European software patentability: Sex, drugs and rock ‘n’ roll – the rise of the further technical effect

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment III

European software patentability series

European software patentability: That’s not technical, this is technical

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment II

European software patentability series

European software patentability: A new hope

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment I

Thoughts

AI in life sciences: Will AI make structural biologists redundant?

With the likes of AlphaFold at CASP14 in existence, could it be argued that protein crystallographers are effectively redundant? Find out what this will mean for the future of structural biologists.

Thoughts

The semiconductor materials bringing clarity to the metaverse

Since the rebrand of Facebook to Meta, there has been a lot of buzz around the metaverse and how it will impact our society. The extension of ourselves that we present in virtual spaces is quickly cha...

Thoughts

Kilburn & Strode global teams together again

Great to see everyone from our London, Netherlands and San Francisco offices all together again after nearly 1000 days!

News

World IP Day 2022 - IP and youth: innovating for a better future

To mark World IP Day 2022, we’ve interviewed some of Kilburn & Strode’s trainees, as this year’s theme is about IP and youth: innovating for a better future.

Thoughts

134,947 t-shirts: a behind the scenes look at how MOO make our business cards

MOO, our supplier of business cards, has just produced an article on how their cotton stock has come to be.

Thoughts

Healthcare technology and EPO oppositions: why your dependent claims matter

Advances in diagnostic devices like X-ray machines and MRI scanners, as well as prosthetic implants and surgical tools, has led to a boom in patenting in the field of medical technology.

Technical Tips

Healthcare wearables – Five useful things to know about patenting their use (part 2: treatment by surgery or therapy)

As discussed previously, recent years have seen an explosion in the field of healthcare wearables and patenting this emerging technology is of paramount importance to many innovator companies.

Thoughts

Latest lessons from the EPO – our webinar on the most important 2021 EPO case law

We were delighted to host our ‘Latest lessons from the EPO’ webinar on 28 March 2022 covering the most important decisions made by the Boards of Appeal and Enlarged Board of Appeal at the EPO in 2021....

Thoughts

Kilburn & Strode feature in Healthcare Markets International - Patent protection in fertility innovation

Around 15% of reproductive-aged couples worldwide are affected by infertility. This field is a consistent focus for research and development. However, technology surrounding IVF remains difficult.

Thoughts

International Women’s Day - #BreakTheBias

Our Director of People & Culture, Anne Clarke, had the pleasure of asking some of our wonderful women at Kilburn & Strode about their experiences with bias.

Technical Tips

Not such a perfect match! M&S’ latest blunder

Hot on the heels of Colin v. Cuthbert the Caterpillar and “Glitter Globe Gin Gate”, M&S has kindly (if unintentionally) provided us with yet another case study in the world of Food & Drink copycats.

Thoughts

Destined for the digital scrap heap?

Machine learning in healthcare is an extremely hot topic, with the ability to accelerate innovation. However, a common problem for AI/ML approaches is the quality of data.

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry - Moorish

How do disrupters in the Food & Drink sector see things themselves and what do they think the future holds? We decided to speak to some of the sector’s most innovative and passionate founders to find ...

Thoughts

Christmas 2021: Counterfeits are coming to town

In recent months, we have seen a tightening of restrictions of goods entering and leaving the UK. Figures show that the economic annual loss through counterfeiting and piracy is at least £9 billion.

Thoughts

Live long and prosper? How longer lifespans will impact IP

Who wants to live forever? Eternal life is not yet something that humans can look forward to, but more people are living longer throughout the world.

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry - Nc’Nean

Thoughts

Latest data! Update on new Enlarged Board of Appeal referral on the use of post-filed data

The EPO's Technical Board of Appeal's referral to the EBA has happened (G2/21), so one of the most controversially discussed issues at the EPO should soon be clarified.

Analysis

Do semiconductor patent strategies need to swing towards Europe?

As focus grows on the robustness of the semiconductor supply chain, Europe is looking towards increasing market share over the coming decade. For patent strategies, this likely means only one thing: s...

Analysis

Improving the enforceability of patents in the semiconductor sector

Generally, it is not possible simply to look at a semiconductor device and discern how it works – at least not with the naked eye. When considering patent protection for innovations in the sector, pra...

Food and Drink

Novel food and new technologies: are we ready for insect proteins in Europe?

For just the second time ever, an insect has reached the final authorising step as a novel food before the EU’s Standing Committee on Plants, Animals, Food and Feed.

Food and Drink

5 challenges faced by the cultured meat industry

Cultured meat, or lab-based meat, is meat grown from animal cells in tissue culture. The food industry is looking to ever more technologically advanced solutions to feed the world.

Thoughts

Why am I black? My experiences growing up Afro-European in the UK

This article is about my experiences growing up in the UK. This is not a universal account but it is instead a deeply personal one.

Thoughts

Afro-texture: a hair-story

You could be forgiven for asking “Why is afro-textured hair any different to other types of hair?” On the surface, it is no different, and there is no doubt that it ought to be no different.

Food and Drink

Eating in a cashless, virtual world: how has the COVID-19 pandemic changed how we buy our food?

Answering the need for social distancing, an ever increasing number of grocery stores and restaurants adopt cashless technology to keep their customers safe in a COVID-19 world.

Thoughts

Nobel Prize in Chemistry 2021 winners from a patent perspective

The winners of the 2021 Chemistry Nobel Prize were announced as Benjamin List and David MacMillan for their development of “a precise new tool for molecular construction: organocatalysis”.

Thoughts

Seven patent applications challenging the narrative for mental health; from VR therapy to “software as a drug”

This world mental health day we look at seven patent applications relating to technological advances in mental health, and the impact of our digital lives on our mental wellbeing.

Thoughts

Kilburn & Strode feature in Healthcare Markets International: protecting cannabis IP

Cannabis is touted as a wonder-drug by many. Its effects on the human body are numerous and these approved therapies are the tip of the iceberg, and more will surely follow.

Thoughts

Patenting healthcare inventions at the EPO

There are three EPO medical exclusions to patentability: methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body.

Thoughts

Patenting AI innovation in healthcare

AI and machine learning have embedded themselves as crucial tools in all fields of technology and healthcare is no exception.

Thoughts

Solving in-house counsel challenges in European IP: Transatlantic teamwork

We're delighted to have taken part in the IP East 2022: New Beginning’s Virtual Summit. The calibre of speakers and delegates was truly outstanding thanks to everyone who took part in the discussions.

Case law

Patenting AI-devised inventions: a look at the approach being taken in the UK and globally

Patent applications are routinely being denied around the world for inventions said to be devised by DABUS, an artificial intelligence (AI) “creativity machine” built by Dr. Stephen Thaler.

Thoughts

Changing the game: Tomorrow’s tech in the video game space (2021)

Happy National Video Games Day 2021! To celebrate, I am again combining my main areas of interest in life, patents and video games, to take a look at recent patent trends in video game technologies.

Thoughts

Later, data! Possible new Enlarged Board of Appeal referral on the use of post-filed data

When can data generated after the filing date of a patent (“post-filed data”) be used to support inventive step at the EPO? A possible new referral to the Enlarged Board of Appeal may clarify this.

Thoughts

How to progress in your career and stay true to yourself

Even today, it is more difficult for a woman to reach a senior position in IP than it is for a man. While the IP industry seems to be going in the right direction, there are still issues and behaviour...

Thoughts

Voices of Pride: LGBTQ+ Allies

We don’t just celebrate diversity this month. It’s something our firm celebrates every minute of every day. We work our best inclusively, both with clients and with each other.

Thoughts

Considerations for formulation and combination patents in Europe

We consider patent applications to new drug formulations and combinations. Where a substance or composition is already known for a medical use, it may still be patentable for treating the same conditi...

Thoughts

Five ways to improve wellbeing

This week many firms have been observing Mental Health Awareness Week, engaging in activities and events designed to help us improve our wellbeing and reconnect through nature.

Thoughts

Patenting visual effects inventions in Europe

We take a look at some of the films that have been under the spotlight in the Visual Effects category for their innovative use of face replacement technology. Can these be patented in Europe?

Thoughts

Cannabis: A brief overview of US and European approaches

Cannabis laws and regulations in 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.

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.

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.

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’.

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.

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.

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.

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.

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, ...

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

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...

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 ...

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...

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 ...

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...

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

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...

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.

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.

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.

Thoughts

AI Diagnostics & Digital Healthcare

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

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.

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 ...

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 ...

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...

Thoughts

Innovation Capture 101

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

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

Thoughts

Changing the game: Tomorrow’s tech in the video game space (2019)

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).

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...

Thoughts

Gender disparity in innovation

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

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...

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...

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?

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”).

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...

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.

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.

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.

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...

Thoughts

Why LGBTQAI+ pride is important

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

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.

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’.

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.

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.

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...

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...

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...

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.

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...

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...

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...

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?

28 JUN 2017: The prospects of an early start to the UPC/UP package have already disappeared into the distance. On some fronts progress is being made, on others new challenges arise.

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 ...

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.

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.

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