29 February 2024

Inside IP Winter 2024

A word from editors Kirsty Dolphin and Simon Taor

Welcome to our Inside IP Winter 2024 edition!

In this edition you will find our perspective on sector trends, the UPC, many updates from the EPO and interesting UK court cases together with updates from designs and trade marks.

Thanks again to all contributing authors, and we appreciate your time spent reading and engaging with our world of intellectual property. We trust you find something of interest! Should you have additional questions or wish to dive further into any of the topics covered, feel free to reach out to our team in the UK and Germany. Remember, we are just an email or call away!

To read further click below

MEPs sow seeds of change for gene-edited plant patentability: will it bear bad fruit for the biotechnology industry?
Kirsty Dolphin and Spencer Knight discuss the proposal and its impact on the biotech industry.

Open Source Patents: too good to be true?
Catrin Petty re-examines Tesla’s open source patent pledge.

Recent advances in gene therapy patents
Anton Hutter and Charlotte Wilding take a look at some of the latest successes in gene therapy medicines, as well as recent patent filing trends in the gene therapy sector.

The original GPS patent turns 50: or does it…?
Rob Cork looks back at the original GPS patent, and compare it to the technology used in modern-day satellite navigation systems.

Navigating Standards Essential Patents as an SME
Gary Whiting and Nusrat Rahman discuss Standard Essential Patents (SEPs), in particular the problems and opportunities for SMEs when seeking to navigate SEPs.

Intellectual property for SMEs and start-ups: adding value and encouraging growth
Ian Grey takes a look at how a properly managed IP portfolio can provide a competitive edge and secure market position in challenging economic times.

The evolution of television as told by patents
Anwar Gilani explores the development of television technology, from the early “mechanical televisions” to modern quantum dot televisions based on Nobel Prize-winning research and how these developments can be tracked with patent data.

Common life science patentability issues working their way into AI applications
Sophie Newgas and Robert Holbrook consider the recent decisions relating to common patentability issues in life sciences and AI.

Update to the EPO Guidelines for Examination 2024
Kathryn Rose provides an overview of the annually updated version of the Guidelines for Examination due to come into force on 1 March 2024.

Update to the EPO Guidelines for Examination 2024: Antibodies
Matt Handley and Kyle Struthers-Burgess summarise the updates to the Antibody section of Guidelines for Examination due to come into force on 1 March 2024.

EPO Official Fee increase from 1 April 2024
Jan Walaski provides a summary following the EPO’s announcement of official fees increase from 1 April 2024.

Changes to the Rules of Procedure of the Boards of Appeal
George Hudson explores the changes that made it into the latest Rules and looks at how this affects the admissibility of amendments to a party’s case during appeal proceedings.

Court of Appeal hearing date for patentability of AI inventions fixed
Richard Kennedy, Peter Thorniley and Mahdi Godazgar are taking a look at the highly anticipated Court of Appeal hearing arising from the Emotional Perception case set for 14 May 2024 and could lead to important implications for the patentability of AI inventions.

Description amendments at the EPO: more light at the end of the tunnel?
Rob Cork takes a closer look at recent developments on a potential referral to the Enlarged Board of Appeal from T56/21, which now seems increasingly likely to go ahead.

EPO announces new fee reduction scheme for infrequent users
Tim Russell and Spencer Knight summarise EPO’s introduction of 30% fee discounts designed to benefit infrequent users of the European patent system

EU design law: significant changes in the pipeline
George Hudson provides an overview of the agreement between the EU Council and Commission on proposed changes to European Designs Regulations and European Designs Directive.

Claim interpretation at the UPC
Caroline Allen discusses methods of claim interpretation and legal certainty at the UPC.

A not-so literal interpretation: changing languages at the UPC
Caroline Allen explores how defendants at the UPC gain certainty on changing the language of proceedings before filing their defence.

The interplay between EPO opposition proceedings and UPC revocation actions: to stay or not to stay
Peter Thorniley and Mahdi Godazgar are taking a closer look at how file revocation actions in parallel with opposition actions at the EPO will be managed at UPC.

UPC Court of Appeal overturns preliminary injunction
Peter Thorniley and Mahdi Godazgar are following the Court of Appeal and how it has weighed in on substantive issues of infringement and validity for the first time. In doing so, it has overturned a preliminary injunction and yet simultaneously confirmed the UPC as a venue of choice for such measures.

Veganu-ready? Plant based branding
Clare Turnbull and Jay Patel provide an insight on the rise in consumer demand for vegan products and vegan certifications.

Lewis Hamilton fails to qualify
Camilla Sexton looks into the recent Board of Appeal decision to refuse Formula One champion Lewis Hamilton for partial trade mark registration of his name in the EU.

TESTAROSSA: is second hand use genuine use?
Mechthild Liebelt is taking a closer look at TESTAROSSA – Ferrari’s trade make of its famous sport car model which is no longer produced by the manufacturer since 1996.

No Lemon-aid for Thatchers in IPEC judgment
Robert Peake and Benedict Sharrock-Harris look at how the legal battle unfolded between a well-known cider producer and a supermarket giant, as they grappled over Aldi’s introduction of its own-branded cloudy lemon cider product.

We can mediate with them! – Churchill case gives encouragement to SMEs
James Tumbridge and Benedict Sharrock-Harris consider the recent case of Churchill v Merthyr Tydfil County Borough Council.

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