It never ceases to amaze me how there is always more to research, and always more to develop (plus of course the associated IP to protect). Artificial hip joints have been around for a long time, and these days one could say they are seen as a pretty routine operation. Yet, as I did a bit of digging recently due to my Mum having a hip replacement, I came across this article that showed how there is always work to be done and challenges to overcome. It also brought back memories of the hours...
The level of definition required for an active ingredient to be considered "protected by a basic patent" under Article 3(a) of the SPC regulation has long been disputed, particularly insofar as this relates to combination products wherein one of the active ingredients is explicitly identified and the basic patent merely mentions the possibility that another active ingredient may be present. In applying the CJEU's decision C121/17, the UK High Court has now confirmed that merely reciting the...
Very interesting to see statistics published by MarkMonitor that reemphasise the importance of protecting a brand online. By focusing enforcement activities on webpages, search listings and marketplaces that your customers see, not only will you protect your brand but you can also help protect your customers from unwittingly buying counterfeit goods.
Being on the receiving end of a court action for patent infringement will cost a six or seven figure sum to defend. That's a risk most companies want to avoid. So my role often involves helping my clients to identify and mitigate that risk. But, as I’ve said before, risk-free just doesn’t exist. I can’t eliminate every risk. I can’t hope even to identify every risk. Even with an unlimited budget, it’s simply impossible. It’s for this reason I would suggest that the term “freedom to operate”...
Patents covering key breakthrough technologies often generate attention, but many fields of development generate large numbers of patents, each covering relatively small improvements. This is especially true in telecoms, where engineers seek to make new technology realise the promise of higher data rate services. That developmental process can take years, giving the opportunity for refinement and improvement, with many more patents. All communications engineers know that the Shannon-Hartley...
Entertainment One is the Canadian media company behind much-loved children's television show Peppa Pig. Its Senior Director of Brand Protection, Niall Trainor, has shared his experiences of using IP in China to protect the Peppa Pig brand. China is working hard to transform its IP system so that it is easier for IP owners to enforce their rights against infringers. The improvements are working and the new Hangzhou Internet Court has allowed Entertainment One to succeed in actions against two...
Tech giants Microsoft have recently announced that they are joining the Open Invention Network (OIN). This is an open-source patent group which is intended to protect the "Linux System" which already includes the likes of Google, IBM and Sony. The roughly 2,650 members agree to offer to each other royalty-free, worldwide, non-exclusive, non-transferable licenses to their relevant patents. Microsoft have announced that they are bringing over 60,000 issued patents into the group. The Linux...
I was recently struck by this TED talk about how language shapes the way we think. Proceedings before the European Patent Office can be conducted in any of three languages: English, French and German. Where Opposition proceedings are concerned, an Opponent can make a case in one of those three languages for revocation of a patent that is written in another of those three languages. This can add a significant layer of complexity to an already complicated procedure. Opposition proceedings...
The first hundred days is a phrase commonly associated with US Presidents. This period is considered long enough that people can start to get an idea of how their term is going to go and whether they are making any progress. In this case it is not the US President but António Campinos, the new President of the EPO who is reflecting on their first hundred(ish) days in office. My academic background is in chemistry and crystallography, and in the field of crystallography there is an old saying...
The European Patent Office usually restrict the number of independent claims that you can include in your patent application (Rule 43(2) EPC). These rules restrict an applicant to a single independent claim in each category (typically a single method claim and a single independent apparatus claim). There are some limited exceptions, such the inclusion of separate independent claims for plugs and sockets, different uses of a product or apparatus, or where there are alternative solutions to...
Earlier this year I commented on the upsurge in immunotherapy cancer research - see “Exciting times for immunotherapy”. The significance of the developments in this field has now been recognised by the Nobel Committee for Physiology or Medicine with the award of this year’s prize to two immunotherapy pioneers. The prize has been shared by Professor James Allison and Professor Tasuku Honjo - scientists who conducted early research leading to the characterisation of two key proteins regulating...
Last year, £942.5 million was claimed using the UK government's Patent Box scheme. This scheme allows innovative companies to pay a reduced rate of tax on at least some of the profits generated from sales of products having UK patent protection. In my experience, some patent owners are very aware of the Patent Box and are making good use of it. But, from what I observe, others have little awareness of the scheme or the potential magnitude of its benefits. It's entirely possible for the tax...
The AIPPI World Congress is being held this week in Cancun with delegates attending from around the globe. For those not familiar with AIPPI, it is a non-profit organisation having as its objective the improvement and promotion of intellectual property on both international and national bases. I have been a member of the AIPPI UK group for several years now and am always interested in the "study questions" debated each year at the AIPPI congress. These working questions seek to address...
With a possible Brexit date of 29 March 2019, the UK Government has now published guidance on what they consider to be the fall-back position for EU design protection in the event of a “no deal” scenario. There are various uncertainties still remaining, but the UK Government appears to intend to avoid any potential loss of rights by EU design right holders and applicants, even as a fall-back position. I would emphasise that this is only guidance and can be changed by the UK Government;...
Everybody has seen the FACT advert before watching a movie "You wouldn't steal a car". However, despite the popularity (notoriety?) of this advert infringement of IP rights remains a relatively poorly understood area of law. This is somewhat understandable. IP rights (Patents, Designs, Trade marks and copyright) are specialist areas, and obtaining the rights can be complicated and time consuming. Enforcement of those rights is even more so. Thankfully the Intellectual Property Office has...
