News & Analysis as of

Inventions European Union

Baker Botts L.L.P.

Intellectual Property Report

Baker Botts L.L.P. on

Properly pleading inequitable conduct claims is a challenge, a challenge that can be met with early due diligence and attention to detail in your pleading. The leading case that set forth the legal framework for inequitable...more

WilmerHale

Patent Protection for AI Creations - Landmark decision by the German Federal Court of Justice

WilmerHale on

These days, patent courts across the world have to address the question of how to deal with AI-generated inventions. The German Federal Court of Justice ("FCJ") has recently issued a landmark decision (decision of June...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #3

Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this week’s Case of the Week, the Federal Circuit clarifies rules relating to when an applicant’s patent can be...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Brave New World: UPC Central Division’s First Opinion is a Revocation of Antibody Claims as Lacking Inventive Step

Following the U.S. Supreme Court’s invalidation of a counterpart U.S. patent in the same family for lack of enablement (21-757 Amgen Inc. v. Sanofi (05/18/23) (supremecourt.gov)), the UPC has now rendered a decision on its...more

Mayer Brown

Can AI Be An Inventor? The US, UK, EPO and German Approach

Mayer Brown on

On 20 December 2023, the UK Supreme Court unanimously held that UK patent legislation does not permit an AI system to be named as the "inventor" in a patent application. In doing so, the UK Supreme Court reaffirmed earlier...more

Mintz - Intellectual Property Viewpoints

AI-Based Patent Applications: Recent History and the Future

The emergence of artificial intelligence (AI) as a field of technology has correlated with an increase in patent application filings on AI-related inventions over the past two decades. With more filings than ever, businesses...more

Bradley Arant Boult Cummings LLP

One Europe, One Patent? New European Unitary Patent Comes into Effect June 1

In June 2023, the European Union (EU) will introduce the European Unitary Patent. At the outset, the European Unitary Patent will be enforceable in the 17 States that have ratified the agreement between the EU and the EPO:...more

Levenfeld Pearlstein, LLC

The AI Legal Pulse: Legal and Tech Updates on Disruptive Technologies

The AI landscape is rapidly evolving. To help you stay abreast of the various developments, we share a recap of the latest legal and tech updates related to AI and other emerging technologies. The “Godfather” of AI resigns...more

Linda Liu & Partners

Influence of Implementability of Prior Art in Determination of Novelty and Inventiveness

Linda Liu & Partners on

In patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. The applicants challenge the implementability of the cited prior...more

Dechert LLP

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

Dechert LLP on

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

World Law Group

AI – A Rushing Snowball: Can AI-made Inventions Be Patented?

World Law Group on

AI - a rushing snowball - Human intelligence has developed over thousands of years. Meanwhile, AI, including deep learning algorithms, is the result of just a few decades of work and development. There is no doubt that this...more

McDermott Will & Emery

Intellectual Property & Health | News To Know - France & Europe - September 2021

McDermott Will & Emery on

Patent and trademark issues effecting pharmaceutical laboratories, biotechs, food supplements and dietary products professionals, cosmetics companies and medical devices manufacturers is continually evolving across France and...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2021

Fenwick & West LLP on

In This Issue - Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions? In Minerva v. Hologic, the Supreme Court recently upheld the patent-law doctrine of assignor estoppel—which bars the...more

Cooley LLP

Alert: G 1/19 – EPO Enlarged Board of Appeal Decides on Inventiveness of Computer-Implemented Simulations

Cooley LLP on

The European Patent Office (EPO) published its decision to the highly anticipated G 0001/19 on March 10, 2021. It was the first time the EPO has held a hearing via videoconference and only the second hearing relating to...more

Hogan Lovells

COVID-19 and emergency inventions

Hogan Lovells on

As the spread of COVID-19 accelerates across the globe, everyone wants to find a way to tackle the pandemic, from Governments asking manufacturers to urgently make vital equipment to inventors creating innovative solutions. ...more

Hogan Lovells

AI has no personality: EPO rules that an AI machine cannot be an inventor in patent applications

Hogan Lovells on

In the patent grant proceedings for two European Patent Applications, the EPO has ruled that an AI machine cannot be named as an inventor in a Patent Application. Doing so does not comply with the requirement to designate the...more

Hogan Lovells

Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

Hogan Lovells on

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent...more

Hogan Lovells

Patent law in Europe: What pharmaceutical companies need to know

Hogan Lovells on

Increasing competition within Europe’s pharmaceutical space makes knowing the market and understanding available patent protections more critical than ever for both well established and new market players. Andreas von Falck...more

Hogan Lovells

Brexit Bill - Impact on patents

Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

Fenwick & West Life Sciences Group

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

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

WilmerHale

Freedom to Utilize Genetic Resources? The Nagoya Protocol Two Years Later

WilmerHale on

Two years ago today, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization to the Convention on Biological Diversity (“Protocol”) entered into international...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 14, Issue 2 (Spring 2016)

Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar - The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more

Orrick, Herrington & Sutcliffe LLP

Patent Box – Ultimi Aggiornamenti Dall’Agenzia Delle Entrate

As known the cd. "Patent Box" allows companies carrying out activities Research & Development to opt, as from the tax in 2015, for a taxation regime facilitated the income generated from the direct exploitation or indirect...more

Morrison & Foerster LLP

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

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