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30 November 2022

Inside IP Autumn Winter 2022

Venner Shipley’s Intellectual Property Magazine featuring a roundup of the latest cases and developments in IP.

A pdf downloadable version of the magazine is also available at the bottom of this page.

A word from the editors: Kirsty Dolphin and Simon Taor

It certainly has been another tumultuous year. With COVID-19 still not a distant memory, Kirsty Dolphin looks at whether or not a patent waiver for COVID-19 vaccines might be effective and explores both sides of the debate. Hannah Auger explores patents and recessions and how to recession proof your patent portfolio, Gary Whiting explores the key to success of a successful IP strategy by looking at a digital health case and Sudhakar Brodie talks through the steps of the process of protecting an idea from start to finish. Pawel Piotrowicz and Anwar Gilani are having a closer look at the increase in patent applications in battery technologies, with patent applications originating in Japan showing a particularly marked increase over the last two decades. A series of articles covering findings that recent Board of Appeal decisions are more a guidance and not legally binding, summarising the changes of the new WIPO standards for sequence listings and exploring the diverging approaches between the EPO and USPTO on Antibody Epitope Claims round up our technical updates in this edition. As the launch of the long awaited Unitary Patent System coming closer, Peter Thorniley clarifies questions about the Unitary Patent System.

Our trade marks team look at protecting IP and the options for enforcement in the metaverse, provide suggestions on how celebrities can protect their name and explore the challenging trend for simplicity in brand design together with a design attorney. Talking about designs, George Hudson also provides a round up of issues relating to design protection of components.

Robert Peake in our legal team is looking at the UK government’s National AI Strategy (the UK AI Strategy) based on three pillars: investment, ensuring that AI benefits all sectors and regions, and governance.

A big thank you to all our contributing authors, and thank you for your time reading this and sharing our world of IP. We hope you find something of interest! If you have any further questions or would just like to discuss more on the UPC or anything else IP related, please do not hesitate to reach out to us. We are, together with our colleagues across the UK and Germany, looking forward to seeing you soon and we are, as always, only an email or call away.

To read further click below:

Patents and recessions – How to recession proof your patent portfolio
Hannah Auger is looking how companies are considering their IP strategy for navigating the tricky economic times ahead.

What to know before filing a patent application
Sudhakar Brodie talks through the steps of the process of protecting an idea from the benefits, to what everyone needs to know before filing a patent application and after the filing.

Is less always more? Challenging the trend for simplicity in brand design
Clare Turnbull, Emma Bridgland and Vivek Patel take a look at companies adopting changes to their branding, particularly their logos and designs. Should you go for something simpler or go for something enforceable?

IP Strategy: A digital health start-up story
Gary Whiting explores issues relating to IP strategy with the help of a digital health case study where disparate technologies may need to be brought together in order to bring a product to market.

An update to the UPC
Peter Thorniley clarifies questions about the Unitary Patent System, which is expected to be launched in early 2023.

Evolution or revolution? IP in the metaverse
Clare Turnbull, Alex Brown and Benedict Sharrock-Harris explain the metaverse and look at protecting IP and the options for enforcement.

EPO Guidelines: To follow or not to follow?
Tim Russell and Rachel Challands discuss the Guidelines for Examination in the European Patent Office as a useful and familiar resource published by the EPO and explore recent Board of Appeal decisions highlighting that the Guidelines are guidance and not legally binding, for example, on the Boards of Appeal.

A COVID-19 patent update
Kirsty Dolphin reviews the partial patent waiver for COVID-19 vaccines.

The UK charts its own course on the regulation of AI
Robert Peake and Fabiana Atzeni are looking at the UK government’s National AI Strategy (the UK AI Strategy) based on three pillars: investment, ensuring that AI benefits all sectors and regions, and governance.

ST.26 changes and the Big Bang
Kirsty Dolphin, Sophie Newgas and Emma Longland summarise the changes of the new WIPO standard for sequence listings intending to bring about improvements, clarity, and uniformity to sequence listings.

Patenting battery technologies in Europe – Growth and challenges
The growth and spread of rechargeable batteries are reflected in an increase in patent applications in battery technologies, with patent applications originating in Japan showing a particularly marked increase over the last two decades. Pawel Piotrowicz and Anwar Gilani are having a closer look.

Do you know who I am? Protecting famous names
A famous name can be the source of enormous revenue, through licensing deals or the endorsement of third parties’ products and Yoann Rousseau answers how celebrities can protect their name.

Antibody epitope claims: Diverging approaches between the EPO and USPTO
The good news for antibody developers is that, in Europe at least, it is possible to obtain broad claims based on the target epitope, Anton Hutter and Matthew Handley report.

Design protection of spare parts
In this follow-up article, George Hudson explores some of the issues affecting the protection of components under the various UK and EU Community design regimes and in particular the “must-fit” and “must-match” exclusions and the repair clause.

VS News
A round-up of the latest Venner Shipley news.