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 …
By James Nurton
18 days ago 4

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 …
By Steve Brachmann
25 days ago 0

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 …
By Daisuke Tokushige
30 days ago 0

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 …
By Paul Ashcraft
1 month ago 3

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 …
By James Nurton
1 month ago 0

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 …
By Aman Johal
2 months ago 0

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 …
By James Nurton
2 months ago 9

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 …
By Rebecca Tapscott
2 months ago 4

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 …
By Steve Brachmann
3 months ago 0

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 …
By Christian Liedtke
4 months ago 2

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 …
By James Nurton
4 months ago 15

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 …
By Gene Quinn
4 months ago 1

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 …
By Eileen McDermott
4 months ago 14