Inside IP Spring Summer 2019

A word from the editor: Simon Taor

Our Spring/Summer 2019 issue covers a number of interesting topics. The Institute of Engineering and Technology recently compiled a thought-provoking catalogue of “100 engineering ideas that have changed the world”. In this issue our attorneys discuss the IP milestones in the history of seven of the inventions from The IET’s list: air conditioning, microscopy, automotive, artificial hip systems, solar energy, plastics and 3D printing. We look at whether any IP protection was sought or obtained for each invention and what made them significant.

Building on our AI team’s in-depth article from the last issue, “Patenting Artificial Intelligence”, in this edition Richard Kennedy discusses how AI may have some interesting consequences for the patentability of new drug substances. AI is set to change many aspects of technology, and this is certainly one of them.

In other patent matters, Jack Rogan looks at the world of Formula 1 in relation to patents, and Kate McNamara provides an interesting insight into the issue of Crown Use in relation to a cystic fibrosis drug. Rob Sayer discusses some patenting issues regarding Big Data and we also have articles on the patentability of methods of treatment and diagnosis (by Reuben Friend) and an analysis of Arrow declarations following Glaxo v Vectura (by Paul Harris). Drafting patents to fit all the various requirements of patent offices around the world is not a simple task, and Sian Gill discusses the issue in this edition.

The President of the European Patent Office has submitted questions to the Enlarged Board of Appeal which relate to the patentability of plants exclusively obtained by essentially biological processes and to T1063/18. Matt Handley provides an update on this interesting development.

Regarding trade marks, Gloria Parmesan provides an update on EU trade marks, based on the current developments concerning Brexit and David Birchall highlights the 20th anniversary of the Uniform Dispute Resolution Policy (“UDRP”), which was launched in 1999.

There has been significant development of GUIs in recent years, with companies refining their software layout, icons, animations, gesture controls and the like so that their software is pleasing on the eye and easy to use. As part of our series of articles relating to Graphical User Interfaces, this issue focuses on copyright protection, with an article from George Hudson and Joel Moss.

On a final note, the 2019 AIPPI World Congress is taking place in London and Venner Shipley is hosting a drinks reception on Tuesday 17 September 2019. Please let us know if you would like more information by emailing events@vennershipley.co.uk.

We are also delighted to announce our charitable partnership with IntoUniversity, a charity which aims to improve the educational attainment and future prospects of young people from underprivileged backgrounds via high-quality and impact-driven programmes delivered through its network of learning centres and outreach events. Venner Shipley will work with IntoUniversity on fundraising activities and our attorneys will lead mentoring initiatives for young people involved with the organisation.

A round up of the latest edition:

Graphical User Interfaces – copyright protection
George Hudson discusses copyright protection for Graphical User Interfaces.

Formula 1: a driving force behind intellectual property?
With the new season underway and the 1000th FIA F1 World Championship Race approaching, Jack Rogan looks at the world of Formula 1 and questions if it is seen as a driving force behind intellectual property and innovation, since there are no headline hitting patent litigation cases involved in the sport.

Artificial intelligence and drug discovery
Richard Kennedy highlights how Artificial Intelligence may have some interesting consequences for the patentability of new drug substances.

An analysis of Arrow declarations following Glaxo v Vectura
Paul Harris considers the lessons to be learned by patent attorneys and lawyers alike, following the Glaxo v Vectura decision, and the impact Arrow declarations may now have on drafting specifications.

Drafting a patent specification fit for prosecution and enforcement internationally
Sian Gill discusses drafting for specific territories, based upon experience of patent applications undergoing rigorous examination at patent offices and of patents coming under intense scrutiny in contentious proceedings, including oppositions and in court proceedings.

The use of patented inventions for services of the Crown: Can IP law break the deadlock over Orkambi?
Kate McNamara discusses Crown Use in relation to the cystic fibrosis drug Orkambi.

100 engineering ideas that have changed the world
In this series of articles, we look at some of the greatest engineering ideas that have had an effect on our everyday lives. The list of 100 engineering ideas was compiled by the Institute of Engineering and Technology. Our attorneys look at the IP milestones in the history of each of these inventions and whether any IP protection was sought or obtained.

Big ideas from big data
Rob Sayer discusses how to make best use of fast growing Big Data.

The effect of Brexit on EU trade mark registrations and applications
Gloria Parmesan provides a round-up on the latest Brexit state of play and how it will affect EU trade marks.

Patentability of methods of treatment and diagnosis
Reuben Friend discusses the patentability of methods of treatment and diagnosis.

20th anniversary of the procedure for objecting to domain names
David Birchall discusses the 20th anniversary of the procedure for objecting to domain names.

President’s referral to Enlarged Board of Appeal after EPO Appeal Board resists EU intervention on patentability of plants and plant products
Matt Handley discusses the questions submitted to the Enlarged Board of Appeal relating to the patentability of plants exclusively obtained by essentially biological processes.

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