Posts in Europe
UK Supreme Court Refuses to ‘Water Down’ Sufficiency Requirement
Regeneron has lost a significant battle in its fight with Kymab over patents for transgenic mice. In a 4-1 split decision today, the UK Supreme Court found …
CJEU Says Copyright Protection May Apply to Product Designs if Technical Result Doesn’t Prevent Creative Choice
On June 11, the Fifth Chamber of the Court of Justice of the European Union (CJEU) issued a decision in Brompton Bicycle Ltd. v. Chedech/Get2Get in …
Case Study: Recently Granted Epitope-Based Antibody Patents in the United States, Europe and Japan
Patents involving antibody medicines (antibody patents) are largely grouped into patents specified by antibody amino acid sequences (antibody sequence-based patents) and those not (non-sequence-based patents). Non-sequence-based patents …
Envisioning a Future of AI Inventorship
For the past 60 years, scientists have been able to utilize artificial intelligence (AI), machine learning, and other technological advances to “promote the general science …”. U.S. courts …
WIPO Revises and Expands AI Policy Issues
The World Intellectual Property Organization (WIPO) has published a Revised Issue Paper on Artificial Intelligence and IP Policy. The Revised Issues Paper updates the Draft Issues Paper …
Over-Stretched and Under-Resourced: General Data Protection Regulation Two Years On
In 2018, after years of planning, the General Data Protection Regulation (GDPR) was introduced by authorities across Europe. It aimed to modernize the laws that protect individuals’ private …
Patent Rights and Wrongs in the COVID-19 Pandemic: EU and U.S. Approaches to Compulsory Licensing
As governments around the globe fight the COVID-19 outbreak, pharmaceutical companies race to develop a vaccine and potentially secure a patent for it. To speed the process, …
Plants and Animals Exclusively Obtained by Biological Processes Not Patentable at EPO
The Enlarged Board of Appeal (EBA) of the European Patent Office published opinion G 3/19 “Pepper” on Thursday, May 14, holding that plants and animals exclusively obtained by means …
USTR Special 301 Report and Review of Notorious Markets Highlight Continued Concerns with China
On April 29, the Office of the U.S. Trade Representative (USTR) released its 2020 Special 301 Report on Intellectual Property Protection and its 2019 Review of Notorious Markets for Counterfeiting …
International Trademark Registration: Nine Lessons Learned from Harry and Meghan
One of a company’s most valuable assets is its trademark – its name, logo, color or slogan. A trademark or service mark establishes your company as the …
EU Court Says Amazon Not Liable for Unwitting Third-Party Trademark Infringement
On April 2, the Court of Justice of the European Union (CJEU) issued a ruling absolving e-commerce giant Amazon.com of trademark infringement allegations brought by a German …
Death at a Funeral – or Birth? Why the German Court’s Decision on the UPC May Not be the End
n Friday, March 20, the German Constitutional Court (“Bundesverfassungsgericht”, “BverfG”) declared Germany’s approval legislation of the Agreement on a Unified Patent Court (UPC) unconstitutional. Those who have …
German Decision Puts Unified Patent Court Agreement in Jeopardy
Judges in Germany have dealt what may be a fatal blow to the project to create a Unified Patent Court (UPC) in Europe. In a decision published …
UPDATED: Global IP Offices Respond to COVID-19
We live in interesting times. No corner of professional or personal life seems untouched in at least some way by the latest coronavirus (named SARS-CoV-2) and the …
Judge Paul Michel to Patent Masters Attendees: It’s Time to Wake Up to Preserve Our Patent System
Retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit Paul Michel told registrants of IPWatchdog’s Virtual Patent Masters program taking place …
