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Vision 2035: The need for Innovation to Meet Ambitious Targets set by the UK’s New Critical Minerals Strategy
The Government has announced the UK’s new Critical Minerals Strategy, which sets out an ambitious roadmap to secure essential mineral resources. The aim is to meet short term demand and support future development of key growth sectors for the UK&...
Research underlying Nobel prize in Chemistry has sparked innovation and patent filings
Imagine a material that can capture water vapour from desert air during the night and then release water when the sun rises – this sounds like science fiction but has become a reality by the research made by Susumu Kitagawa, Richard Robson and Om...
Sustainable models: content licensing for generative AI training
It is fair to say that no technology in recent times has created so much excitement and controversy as generative AI, and in particular Large Language Models (LLMs). Generative AI companies and their backers have their sights on generating billions, if...
What should you look to protect in a (bio)pharma IP strategy?
Potential investors and development partners will expect to see an IP portfolio and strategy which maximises protection for the assets under development. Protect the active(s) The most important filing in any (bio)pharma IP portfolio is that which co...
When “better” isn’t good enough under Art. 84 EPC
In the recent Decision T 2387/22, the Board’s key message was: if you define an invention by a "relative improvement" of a known technical effect, the improvement must be expressed in "objectively verifiable" terms. Vague language like "stronger"...
Does an ongoing phase 3 clinical trial and its published protocol suggest that the tested drug will be successful?
Summary A recent EPO Boards of Appeal decision, T 0136/24, has examined the issue of “reasonable expectation of success” when the prior art discloses a protocol to an ongoing phase 3 clinical trial. How much weight should be given to such ...
Exploring IP in a Space Sector Product
Introduction Innovative space sector businesses generate IP all the time. But it can be difficult to appreciate the range of IP being generated, or the value of that IP. In order to help illustrate, we’ve come up with a space sector product of...
€325 million Funding for Semiconductor Research and Innovation in the UK and the EU
Europe’s Chips Joint Undertaking has bolstered its support for the semiconductor industry by announcing three funding calls with a combined value of up to €325M. The funding calls are to create: a pilot line for photonic integrated circuits ...
T 0192/22 - Is a first medical use claim a magic bullet?
The EIP team was pleased to receive the BoA Decision on T 0197/22 earlier this month, providing the reasons for revocation of Translate Bio’s EP 3318248 B1 at the oral proceedings held in March, where we represented one of the Opponents. The p...
Trade Secrets vs. Patents in the UK Space Sector
In this article we take a look at how trade secrets and patents compare as means of protecting inventions by UK space sector businesses. Background Properly protecting intellectual property is a key issue for innovative UK space sector businesses. ...
A Year in Patents - Part 3/4: The Procedures of International Patent Prosecution
Dr Girish Nivarti joined EIP’s London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. A mulberry tree near my current home reminds me of my childhood. The smell, texture, and taste of...
Weathering IP challenges: how can patents help offshore wind innovators?
Over the past few years, a worldwide patent dispute has been rumbling between two giants of the renewables sector, GE and Siemens Gamesa. Although that storm has now subsided, following the recent settlement of all US and European litigation between th...
A Year in Patents - Part 2/4: Getting to Grips with the Law
Dr Girish Nivarti joined EIP’s London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. Patents are often misconceived as secretive instruments that hinder scientific progress. In fact, ...
Court of Appeal ends anticipation for InterDigital’s 3G Standard Essential Patent by revisiting claim construction
This Update deals with an interesting determination of the Court of Appeal before Lord Justices Lewison, Asplin, and Arnold where they overturned a finding of anticipation (lack of novelty) made by Justice Mellor in the High Court. The Patent The app...
A Year in Patents - Part 1/4: Swapping Simulations for the Patent Profession
Dr Girish Nivarti joined EIP’s London office in October 2022. In this four-part series, he chronicles his first year as a trainee patent attorney. On this day last year, I was in the depths of academia. A postdoctoral research fellow in applied ...
Key provisions and IP considerations of the incoming EU CHIPS Act
This article originally appeared in IAM. Draft regulation not explicit on IP policy but some early guidance is on offer Act offers extensive opportunities for investment and collaboration Risk that SMEs in particular could give away too much of...
VLSI agrees to dismiss latest semiconductor patent complaint against Intel in Delaware
EIP partner Andrew Thompson has recently written an article for The Patent Lawyer on the VLSI v Intel case regarding a semiconductor patent complaint. Read the full article here.
Intellectual property key UK strength in global semiconductor supply chain – Select Committee Report
A group of influential MPs from the Business, Energy and Industrial Strategy (BEIS)Select Committee has released its Report on the semiconductor industry in the UK. The Committee took evidence from various industry representatives over the summer and i...
Changes in the semiconductor industry: how patent strategies need to adapt
Introduction Nobody can deny that the semiconductor industry is going through something of a renaissance period. Semiconductors are firmly in the public eye thanks mainly to the ongoing chip shortages which have disrupted everything from car productio...
UKIPO Case Studies Open the Black Box on Examining Patent Applications Relating to AI Inventions
On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred to hereafter as the Guidance). The Guidance may be se...
Significant inventions that have gone under the mainstream radar
Powering Kipchoge Most people interested in sports will be aware of Project 1.59 – Eluid Kipchoge’s 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped formation of lead runners to draft, a car to pa...