IP pitfalls to avoid

A strong patent portfolio should do more than protect innovation. It should support the wider commercial ambitions of the business. This article explores how businesses can move beyond simply accumulating patents and instead build portfolios that create genuine commercial value. From aligning filing decisions with products and markets to supporting investment, licensing and partnerships, it considers how a focused patent strategy can strengthen competitive advantage while ensuring every right continues to earn its place.

The Samsung v ZTE dispute has highlighted the growing potential for multiple courts to determine FRAND rates within the same licensing dispute. This article explores how approaches in the UK, China and potentially the UPC could shape future FRAND litigation, the challenges posed by competing rate determinations, and whether arbitration could offer an alternative route to resolution.

The UPC could be emerging as an important new forum for FRAND rate setting. Drawing on recent patentee-led actions and judicial commentary, this article explores how SEP owners might seek a UPC determination of FRAND terms and what this developing approach could mean for European enforcement and licensing strategies.

The Emotional Perception patent application has been refused again following its remittal to the UKIPO. The decision illustrates that clearing the relatively low threshold to qualify as an invention is only the first hurdle. For AI and other computer-implemented inventions, the crucial question is which features contribute to a technical solution to a technical problem and can therefore support inventive step.

In quantum, the strongest portfolios will not be the biggest. Stuart Malcolm sets out six moves for owning the control points the market cannot route around, and the questions investors will ask.

Andrew Sharples analyses the UKIPO's response to its SEP consultation, exploring proposed changes to FRAND dispute resolution, SEP transparency and licensing guidance, and what they mean for SEP holders and implementers.

Chinese companies are becoming increasingly active in European patent litigation, both as defendants and as patent owners enforcing their own rights. This article examines the growing role of Europe and the Unified Patent Court (UPC) in global patent disputes, highlighting key cases involving Chinese businesses and the strategic opportunities and risks that come with operating in European markets. It is the first in a series exploring the practical implications of European patent enforcement for Chinese companies.

Follow-on patents are increasingly important for pharmaceutical innovators. Learn how new EMA clinical trial disclosure rules create prior art risks and discover practical strategies to protect pharmaceutical IP and maximise patent value.

Chinese companies are playing an increasingly significant role in UPC litigation, accounting for around 38% of infringement actions in 2025. While many remain defendants, a growing number are actively using the Unified Patent Court to enforce their own patent rights across Europe. The trend highlights the UPC's rising importance for Chinese businesses operating in sectors such as telecommunications, semiconductors, medical devices and renewable energy, and signals a shift in global patent enforcement strategy.

AI's environmental impact is rarely out of the headlines, but how does it compare to the benefits it delivers in practice? In this article, Laurence Brown examines the energy use of AI-assisted patent drafting, comparing it with traditional drafting workflows. While measuring AI's true environmental footprint is far from straightforward, the analysis suggests that AI-assisted patent drafting may already be more energy efficient, while delivering significant productivity gains for patent professionals.

Three years into the UPC, appeal overturn rates sit at 56% for both substantive and preliminary injunction cases, with Kodak v Fujifilm among the rulings reshaping outcomes on appeal.

1,282 cases filed at the UPC in three years: infringement actions have surged while revocation filings stayed flat, easing fears the Court would become a European patent graveyard.

On the Technically Legal podcast, EIP partner Laurence Brown discusses how Visser AI is redesigning patent workflows, letting the firm offer fixed fees without trading away speed or quality.

Choosing the right venue for SEP litigation can significantly influence the outcome of FRAND disputes. This article compares the UPC, German and UK courts, examining their approaches to injunctions, FRAND defences, rate-setting and enforcement. It highlights the strategic advantages of each jurisdiction and explains why many SEP owners are increasingly turning to the UK and UPC as part of their European enforcement strategy.

This article explores the resurgence of synthetic lethality in precision oncology, highlighting how AI and machine learning are accelerating the discovery of new therapeutic targets. It also examines growing clinical activity, investment, and the evolving intellectual property challenges shaping this emerging field.