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Prior Art and Public Availability: Key Decisions in German Patent Litigation

The Situation: Even after the introduction of the European Unitary Patent Court, Germany remains a key battleground in major patent litigations. In the bifurcated German litigation system, nullity cases are heard before the...more

Finish in Eight Months: The EPO Sets Timeline for New Accelerated Opposition Practice

The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more

Unified Patent Court Publishes Its First Case Load Statistics

The UPC, a single patent court for European Union Member States, has published the first statistics on its case load since its establishment in 2023. Between June 1, 2023, and January 31, 2024, a total of 196 cases were filed...more

UPC Nullity Actions: The New Distribution Scheme Takes Shape

The redistribution of competences to the Munich, Paris, and Milan central chambers takes shape and brings complexity for chemistry patents....more

Co-Ownership of Patents: Are Your Co-Owned Patents Ready for the Unified Patent Court?

In Short - The Situation: With the introduction of the Unified Patent Court ("UPC") system in Europe, the co-ownership of patents will have material effect on patents with unitary effect ("Unitary Patent")....more

Exclusive and Non-Exclusive Licenses: Opportunities and Pitfalls Before the UPC

In Short - The Situation: While the national case laws of most Unified Patent Court ("UPC") Member States generally accept infringement actions by licensees, the scope and requirements of such actions differ greatly. The...more

The European Unified Patent Court Names Its Judges

Judges were recruited from across Europe and appointed in accordance with the decisions of the UPC Administrative Committee. The UPC will be led by German Federal Court of Justice Judge Klaus Grabinski as president of the...more

The Days are Numbered for the EPO's 10-Day Rule

Multiple reports reliably suggest that the European Patent Office ("EPO") will end the "10-day rule" for calculating deadlines on November 1, 2023. Thereafter, deadlines will be simply calculated on the basis of the date...more

A New Dawn for European Patents: The Unitary Patent and the Unified Patent Court

The creation of a new European Unified Patent Court (“UPC”) and a new patent with unitary effect (“Unitary Patent”), in which almost all member states of the European Union participate, is the most important change in the...more

Fee-Less Opt-Out for European Patents from the UPC

The previously contemplated fee for opting out of "classical" European patents from the Unified Patent Court ("UPC") system has been abolished by the UPC Preparatory Committee. The UPC Case Management System will also allow...more

Patenting Artificial Intelligence and Machine Learning Innovations in Europe

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

Muddy Road Ahead Part II: Liability Legislation for Autonomous Vehicles in the United Kingdom

The Situation: The United Kingdom is positioning itself as the "go to" location to develop, test, and drive automated vehicles, but questions remain as to how its existing product liability regime should respond to this...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part II)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Muddy Road Ahead: European Liability Legislation Remains Unclear for Autonomous Vehicles

The Situation: The liability regimes for product liability related to driverless cars in various European countries remain far from harmonized, and lawmakers trail behind the faster moving reality. The Plan: The European...more

Gap of Information is Reason for Revoking a European Patent

The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more

Legal Issues Related to the Development of Automated, Autonomous, and Connected Cars

As interest in autonomous vehicles accelerates, and as the related technologies evolve, the vehicles' manufacturers and their suppliers are preparing to encounter a broad range of legal issues. This Jones Day White Paper...more

New Intellectual Property Considerations and Risks for Autonomous Vehicles

In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more

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