ArticleThe Science Of Decaffeinated CoffeeCaffeine provides many benefits—improved concentration, decreased fatigue, even lowering the risk of certain diseases. But research reveals a darker side to the drug.United StatesIntellectual PropertyJ A Kemp
ArticleUPC's Court Of Appeal Holds That The UPC Can Determine Damages For A Previous National InfringementIn a recent order in case UPC_CoA_30/2024, the UPC's Court of Appeal ruled that the UPC is competent to decide on an action for determination of damages where a national court...United StatesIntellectual PropertyJ A Kemp
ArticleUPC Protects Defendant's Financial Risk During UPC ProceedingsAlmost since its inception, the UPC Courts have had a reputation for being patentee friendly. Certainly, the time limit for the Defence (three months in main proceedings) can put a lot of pressure on the defendant...United StatesIntellectual PropertyJ A Kemp
ArticleCan My Computer Own A Patent? One example of high interest is the application of AI in self-driving cars. United KingdomIntellectual PropertyJ A Kemp
ArticleHindsight In Expert Evidence – A Warning From The High CourtThe UK High Court recently found a patent for a breathing tube to be valid and infringed on the basis of expert evidence submitted by the parties.United KingdomIntellectual PropertyJ A Kemp
ArticleIPCom Vs HTC: Worldwide Damages Not Available Based On UK Patent InfringementThe UK High Court has recently ruled in the case of IPCOM GmbH & Co Kg v HTC Europe Co Ltd & Ors [2020] EWHC 2941 (Pat) that damages following the infringement...United KingdomIntellectual PropertyJ A Kemp
ArticleLoose Lips Might Sink IP ShipsYou have just come up with a new and exciting invention. Understandably, you are keen to disclose your invention – perhaps to a potential investor or external collaborator.United KingdomIntellectual PropertyJ A Kemp
ArticleT 0847/24: Adding A Production Step Can Extend Scope Of ProtectionThe EPO Board of Appeal has ruled that adding a manufacturing step to a method claim with an abstract output extends the scope of protection under Article 64(2) EPC. This decision from T 0847/24 examines how patent protection differs between claims ending with design data versus those including physical product production, with significant implications for drafting computer-implemented invention claims. United StatesIntellectual PropertyJ A Kemp
ArticleUPC Accepts Patent Literature Can Establish Common General KnowledgeThe UPC Milan Local Division has ruled that patent literature can establish common general knowledge in exceptional circumstances, aligning with EPO precedent. In a motorcycle tyre patent dispute between Pirelli and Sichuan Yuanxing Rubber, the court found that a series of patent documents consistently using the same technical representation technique could form part of the skilled person's knowledge base, with significant implications for claim interpretation and sufficiency challenges. United StatesIntellectual PropertyJ A Kemp
ArticlesiRNAs: From Petunias To TherapiesOver 35 years ago, molecular geneticist Richard Jorgensen set out to create the perfect petunia, one with extremely dark purple petals. To achieve this, he transfected the plants with additional...United KingdomFood, Drugs, Healthcare, Life SciencesJ A Kemp
ArticleUK Government Publishes Response To Consultation On AI And IPAs we reported in September 2020, the UK IPO, on behalf of the UK Government, conducted an open consultation in relation to how artificial intelligence (AI) should be dealt with in the patent and copyright systems.United KingdomIntellectual PropertyJ A Kemp
ArticleUPC Court Of Appeal Confirms Competence To Decide On Pre-UPCA Infringing Acts And Infringing Acts Performed While An Opt-out Was In PlaceOrder UPC_CoA_156/2025 has been issued by the Court of Appeal in the context of an infringement action brought...United KingdomIntellectual PropertyJ A Kemp
ArticleApplications In The Sunrise Period: To Opt Out Or Not To Opt Out?The UPC sunrise period is well underway and several thousand opt outs have been filed. The focus during the sunrise period has been on opting out European patents. For long-granted patents...United StatesIntellectual PropertyJ A Kemp
ArticleAuxiliary Requests Refused Due To UPC's Strict Added Matter RequirementsIn the latest decision in the DexCom vs Abbott saga at the UPC, the Paris Local Division refused DexCom's three auxiliary requests to amend on the ground of added matter. United StatesIntellectual PropertyJ A Kemp
ArticleEU Design Reforms: 'Repair Clause'The New European Design Directive No. 2024/2823 (see here) came into force on 8 December 2024.United StatesIntellectual PropertyJ A Kemp
ArticleFurther Developments On The UPC's Long-Arm Jurisdiction And The Law Applicable To Ongoing InfringementThe Mannheim Local Division of the UPC recently issued two interesting decisions in related cases (UPC_CFI_159/2024 and UPC_CFI_162/2024) on the determination of the substantive law...United StatesIntellectual PropertyJ A Kemp
ArticlePatenting Microbial Crop Products In EuropeMicrobial crop products are revolutionizing agriculture by reducing chemical dependency, but their complexity demands robust patent protection. European patent practice offers unique opportunities...United StatesIntellectual PropertyJ A Kemp
ArticleSmall Entity Status In The USAClaiming small entity status on a US application or patent provides a reduction in official fees. Most fees (e.g. basic filing fee, examination fee, search fee, etc.) are reduced by 50%, so the saving is significant.United StatesIntellectual PropertyJ A Kemp
VideoSPCs In Europe – Overview, Latest Developments And Practice PointsSupplementary Protection Certificates are a vital tool for extending protection for authorised human and veterinary medicinal products. Yet the SPC landscape remains complex, fast-moving and often difficult to navigate.United StatesIntellectual PropertyJ A Kemp
ArticleThe Varied Benefits Of A Unitary PatentWith under a month remaining before the Unified Patent Court (UPC) opens and Unitary Patents become available, many practitioners are focussed on opting out their existing European patents...United StatesIntellectual PropertyJ A Kemp