News & insights

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’.

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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.

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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?

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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.

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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.

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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.

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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.

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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.

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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?

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Cannabis: Patents in Europe

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

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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, ...

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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...

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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.

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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...

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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 ...

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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...

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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...

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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 ...

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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.

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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...

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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

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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...

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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.

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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 .

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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.

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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 ...

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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.

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AI Diagnostics & Digital Healthcare

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

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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.

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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 ...

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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 ...

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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...

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Innovation Capture 101

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

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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

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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).

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Standing proud

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

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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...

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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...

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Gender disparity in innovation

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

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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...

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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...

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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...

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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”).

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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...

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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...

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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.

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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...

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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...

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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.

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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)?

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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.

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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...

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Why LGBTQAI+ pride is important

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

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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.

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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’.

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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.

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Strut of the drones: fireworks to fashion

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

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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.

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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...

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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...

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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...

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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...

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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.

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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...

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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...

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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...

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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...

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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...

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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 ...

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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.

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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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