News & Analysis as of September 21, 2024

European Union › Patent-Eligible Subject Matter

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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 -

Akin Intelligence - July 2024

Akin Gump Strauss Hauer & Feld LLP on 9/3/2024

Welcome to the July edition of Akin Intelligence. This month, United States agencies released several key pieces of artificial intelligence (AI) guidance, including patent eligibility guidance from the United States Patent...more

Standards For Inventiveness And Disclosure For Antibody Claims Across Jurisdictions

MoFo Life Sciences on 12/27/2023

Standards for patenting antibodies have substantially tightened over the last few years restricting scope of antibody claims—or, in some cases, undermining the validity of granted patents. Most recently, Singapore updated...more

[Event] C5’s 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe - May 23rd - 24th, Amsterdam, Netherlands

American Conference Institute (ACI) on 4/10/2023

Hosted by C5, the 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns 23-24 May, at the DoubleTree by Hilton Amsterdam Central Station, Amsterdam with curated programing for you to gain the knowledge and...more

2022 IP Outlook Report: The Developments Shaping Patent Law

McDermott Will & Emery on 2/18/2022

KEY TAKEAWAYS AND OUTLOOK FOR 2022 - Tracking with this era’s continuation and uncertainty trends―global supply chain disruption, innovation outpacing legislation, the unstoppable internet of [all the] things (IoT)―2022 is...more

Inventive AI: European Patent Office finds that only humans can be inventors

Dechert LLP on 1/20/2022

Patent offices and courts around the world have recently been grappling with the question of whether an AI system can be the inventor of a patent. This has been prompted by Dr. Stephen Thaler’s applications to designate his...more

EPO Decision G1/19 Addresses Patentability of Computer-Implemented Simulations in Europe

Fitch, Even, Tabin & Flannery LLP on 3/24/2021

On March 10, in decision G1/19, the European Patent Office (EPO) Enlarged Board of Appeal held that computer-implemented simulations are not per se unpatentable and warrant the same treatment as other computer-implemented...more

American Axle v. Neapco

Ladas & Parry LLP on 2/5/2021

On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the...more

4 TAKEAWAYS - The State of AI: Patenting Trends and European Prosecution Strategy

Kilpatrick on 8/5/2020

Kilpatrick Townsend Partner Rich Christiansen recently presented on the state of Artificial Intelligence and strategies for successfully patenting Artificial Intelligence in Europe. Key takeaways from the presentation...more

USPTO: Artificial Intelligence Systems Cannot Legally Invent

McDermott Will & Emery on 5/11/2020

In a key decision (that seems unlikely to be the final answer on the topic), the US Patent and Trademark Office determined that an artificial intelligence (AI) system can’t be an inventor of a patent. This ruling follows...more

MedTech Update 2020: Legal and Regulatory Issues to Watch For in the Medical Technology Industry in the New Year

Akin Gump Strauss Hauer & Feld LLP on 1/8/2020

Medical device and diagnostics companies and laboratories should anticipate significant legal, regulatory and market changes in 2020 that will have a lasting impact on the industry. From revisions to how the government...more

Global Patent Prosecution - December 2019: Prosecuting Bioinformatics Patent Applications in Europe

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/24/2019

This article discusses challenges in prosecuting bioinformatics patent applications before the European Patent Office (EPO). The EPO determines the subject-matter eligibility of bioinformatics patent applications under...more

Life Science International Review Q3 - Nov. 2019

Morgan Lewis on 11/21/2019

Welcome to the Q3 2019 issue of our Life Sciences International Review. This issue covers new developments within Europe, Asia, and the United States in intellectual property, regulatory, pricing, and international trade,...more

The PTAB Goes to Europe: Four Recent Section 101 Decisions Designated as Informative

McDonnell Boehnen Hulbert & Berghoff LLP on 7/29/2019

On July 1, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) designated four of its recent 35 U.S.C. § 101 decisions as informative. Each of these decisions came down after and applied...more

CJEU draws the (dotted) line on subject matter in figurative/position marks

Hogan Lovells on 6/14/2019

Judgment of 6 June 2019 in Case C-223/18 P Deichmann v EUIPO – Munich - The Court of Justice (CJEU) upholds the General Court (GC) finding that for a figurative mark featuring elements represented using dotted lines (in...more

3 Tips on Drafting Patent Applications With an Eye Toward Alice and Section 101

Nutter McClennen & Fish LLP on 4/26/2019

Q: In light of the Federal Circuit’s ruling in Ancora v. HTC, do you have any tips for patent draftspersons? Steven G. Saunders: The Ancora decision is the latest ruling in a string of post-Alice cases suggesting that...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

Patenting Computer-Implemented Inventions in Europe and The United States

Knobbe Martens on 11/5/2018

Importance of Foreign Associates - • Important to have trusted partners in foreign countries who can provide assistance – Review specification and claims – Assist with best practices for local jurisdictions (e.g.,...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

Global Patent Prosecution Newsletter - October 2018: Subject Matter Eligibility of Artificial Intelligence Patent Applications in...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/17/2018

Artificial Intelligence (AI) has become one of the most important technologies of the 21st century. AI generally refers to a branch of computer science that simulates “intelligent” behavior in computers and has the potential...more

Global Patent Prosecution Newsletter - October 2018: The State of Patentable Subject Matter Internationally

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 10/16/2018

As evidenced recently in the United States, it may be difficult to tell what categories of inventions are eligible for patent protection in foreign jurisdictions. To further complicate issues, standards of eligible subject...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

Global Patent Prosecution Newsletter - September 2018: Third Party Observations in Europe, China, Japan, and for the PCT - To File...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/17/2018

Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more

U.S. + Germany Patent Update – July 2018

Hogan Lovells on 7/23/2018

The prominent state of patent litigation in the United States and Germany is due not only to the size of its markets, but also to a recent increase in hearings before the U.S. International Trade Commission and the Patent...more

USPTO and EPO Examiners Discuss Key Considerations for Filing Effective Precision Medicine and Bioinformatics Applications in the...

Fenwick & West Life Sciences Group on 10/27/2017

At a symposium and webinar presented by Fenwick & West and Mewburn Ellis, we asked U.S. Patent and Trademark Office and European Patent Office examiners to provide perspective on the preparation and prosecution of patent...more

Clarifying or Conforming? The EPO Bows to the European Commission

Jones Day on 7/17/2017

In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

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European Union › Patent-Eligible Subject Matter

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