News & Analysis as of October 18, 2024

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Legal Lens on the Unified Patent Court | September 2024

McDermott Will & Emery on 9/26/2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

The First Biosimilar Disputes at the Unified Patent Court (UPC)

Venable LLP on 5/23/2024

As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April....more

The UPC Means Business: Patentee Wins Preliminary Injunction

McDermott Will & Emery on 9/25/2023

The Unified Patent Court’s (UPC) Local Division Munich has granted a preliminary injunction in favor of 10x Genomics, preventing NanoString Technologies, Inc. from selling its CosMx Spatial Molecular Imager (SMI) instruments...more

All Those in Favour, Say AI: UK IPO Publishes Response to Its Consultation on Artificial Intelligence and Intellectual Property

Latham & Watkins LLP on 5/21/2021

UK strives to “be a leader in AI technology” as it sets out its next steps for the regulation of artificial intelligence. On 23 March 2021, the UK Intellectual Property Office (IPO) published the outcome of its...more

Beyond “pay-for-delay” – the EU-Commission’s investigation into patent filing practices and communication measures

A&O Shearman on 4/27/2021

On 4 March 2021, the European Commission (Commission) opened a formal investigation into alleged anti-competitive conduct by the pharmaceutical company Teva. The Commission suspects Teva of having deployed a strategy with the...more

The Transgenic Mice of Regeneron

Dunlap Bennett & Ludwig PLLC on 10/30/2020

At a recent campaign stop, President Trump informed supporters that he “felt like Superman” after his experimental COVID-19 treatment with a Regeneron Pharmaceuticals Inc. antiviral drug. The antiviral drug may have resulted...more

Can AI Be An Inventor? Not At The European Patent Office.

MoFo Tech on 2/14/2020

The European Patent Office has denied two patent applications on the grounds that an AI system cannot be listed as the inventor. For the first time, the European Patent Office (EPO) has issued a ruling on its approach to...more

Alert: The EPO’s Approach to the Patentability of Plant-Related Inventions

Cooley LLP on 3/19/2019

Last month, the European Patent Office (EPO) issued the much anticipated Written Decision associated with case T1063/18. We have previously written about this case in our alert "EPO May Return to Patenting Plants Obtained by...more

European Patent Office Issues New Guidelines on Artificial Intelligence and Machine Learning

Mintz - Intellectual Property Viewpoints on 11/8/2018

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more

Alert: European Patent Office Gives Guidance on Artificial Intelligence and Machine Learning

Cooley LLP on 10/31/2018

For the first time, the European Patent Office (EPO) has issued guidance on the patentability of artificial intelligence and machine learning technologies. The guidance will become valid on 1 November 2018. In order to...more

Patenting Artificial Intelligence and Machine Learning Innovations in Europe

Jones Day on 10/25/2018

The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more

EU Patent Office publishes preview of guidelines on patenting AI applications

Hogan Lovells on 10/5/2018

Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”)....more

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

Knobbe Martens on 8/21/2017

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

News from Abroad -- EPO Lifts Stays of Proceedings Following Implementation of New Plant Patent-Eligibility Rules

McDonnell Boehnen Hulbert & Berghoff LLP on 7/11/2017

On 3 July, the European Patent Office (EPO) lifted its stays of proceedings on cases that had been held in abeyance pending new rules on the patent-eligibility of plant-related subject matter. Following an intervention by...more

Unitary Patent Inches Closer to Adoption with UK’s Ratification Announcement

Brownstein Hyatt Farber Schreck on 12/22/2016

The Intellectual Property Office of the United Kingdom (UK)—together with the Minister of State for Energy and Intellectual Property and Prime Minister May—issued a press release on Nov. 28 confirming that the country will...more

Brexit and Supplemental Protection Certificates: Hope for the Best but Plan for the Worst

Womble Bond Dickinson on 11/16/2016

On June 23, 2016, the United Kingdom voted through a national referendum to exit the European Union after more than 40 years of membership. One of the key arguments in favor of the so-called “Brexit” was to return full...more

Getting the Most from Biotech Patents in Europe Without Breaking the Bank: Selecting the Right Countries for Validation

Knobbe Martens on 10/31/2016

Once a European patent application has been granted, all patentees must then choose to validate the granted application in one or more European countries. Such a decision may have long-term business and legal consequences. ...more

Brexit—The End of the Unitary Patent System as we Know it?

Robins Kaplan LLP on 10/19/2016

On June 23, 2016, British citizens voted in a referendum in favor of exiting the European Union. Termed “Brexit,” the United Kingdom’s departure effected global markets and caused the British pound to fall to its lowest level...more

Continental patents a la carte or prix fixe? Biotechnology considerations for the unitary patent in Europe

Knobbe Martens on 9/7/2016

Unitary patents in Europe - The European unitary patent and Unitary Patent Court (UPC) are slated to go into effect in early 2017. These monumental changes will have a significant impact on the ways patent rights are...more

Brexit May Stall Implementation of EU’s New Unitary Patent and Patent Court Systems

BakerHostetler on 7/20/2016

New unified patent grant and patent court systems, which were to have taken effect in early 2017, will likely be stalled because of Britain’s June vote to leave the EU, commentators and member nations fear. BACKGROUND...more

CJEU Confirms EU Competition Law Does Not Prevent Royalties for Revoked Patent Licences

K&L Gates LLP on 7/15/2016

On 7 July 2016, the Court of Justice of the European Union (CJEU) ruled that, provided that a licensee is free to terminate a licence agreement on reasonable notice, it can be obliged to pay royalties even after the patent...more

The Effects of Brexit on the Unitary Patent and the Unified Patent Court

Wilson Sonsini Goodrich & Rosati on 7/11/2016

Voters in the United Kingdom have voted to leave the European Union (EU). The exit of the UK from the EU (the "Brexit") could result in a delay in the implementation of the Unitary Patent (UP) and the Unified Patent Court...more

The Uncertain Future of the Proposed European Unitary Patent after “Brexit” Vote

Brownstein Hyatt Farber Schreck on 7/8/2016

The future of the proposed European Unified Patent Court and European Unitary Patent have been jeopardized by the Brexit vote because ratification of the proposal by the United Kingdom is expressly required before the...more

Brexit — What IP Rights Holders Need to Understand Now

Kilpatrick on 6/29/2016

It is neither quick nor easy for a nation to leave the European Union (EU), and there is little precedent for it, especially for a nation such as the United Kingdom (UK), one of the major economic and political leaders within...more

Brexit: What to Expect and How to Prepare for the ‘New Normal'

Faegre Drinker Biddle & Reath LLP on 6/28/2016

The U.K. has voted, in a popular referendum, to leave the EU. The referendum is not legally binding and the result was extremely narrow: 51.9 percent in favor of leaving, 48.1 percent in favor of remaining. This partly...more

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