Patents

As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.

Not to be confused with the much delayed Unitary Patent, the European Patent system provides companies with an important structure for protecting and exploiting inventions in Europe. However, certain requirements must be met if patent holders are to make best use of the system.

What happens to trademarks, designs, patents and copyright if the UK crashes out of Europe without a deal? The UK government released a series of guidance papers to address this topic last week.

IP licensing can provide companies with additional (or core) revenue streams, enable them to raise brand awareness and enhance their reputation, and extend their brands into new markets and geographies. However, if IP ownership or validity is unclear, it can also pose significant financial and business risk.

When seeking to expand into new markets or territories, it’s important to ensure IP protection is first in place. Dr Peter Wilson sets out the IP elements to consider when developing or updating an export strategy.

The UKIPO’s recent report on patent, trademark and design applications, publications and grants 1995–2017 has identified some interesting filing trends. Meanwhile, the UK government has confirmed that EU IP rights will continue to be protected in the UK post-Brexit at no-cost to brand owners.

The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.

It has become common practice in modern advertising for innovation-driven companies to shout about the patent rights protecting their products, including marking products with patent numbers. Doing so also acts as a deterrent to infringers and can increase the likelihood of successfully claiming damages where infringement does occur. However, the practice does not come without risks, as Eric Siecker explains.

The administrative procedure for obtaining a patent in Japan is similar to that of most other patent systems, and includes the examination of novelty, inventive step and industrial application of the invention.

IP isn’t always the first priority for a business preparing for an initial public offering (IPO); however, the sooner you start thinking about your IP assets, the better prepared you’ll be.

The UK’s Minister for Intellectual Property, Sam Gyimah MP, confirmed on 26 April that the UK has ratified the Unified Patent Court (UPC) agreement.

In its Decision T 1311/13 of 17 January 2018 (re: EP 1 224 299), the EPO’s Board of Appeal has provided clarification as to late-filed requests in appeal proceedings.