EPO insight report on mRNA patents reveals a steep increase in patent filing, shedding light on the dynamic future, and past, of this life-saving technology

The European Patent Office (EPO) has published a report revealing that patents for mRNA technologies, which played a pivotal role in mitigating the impact of COVID-19, have increased at an accelerated rate in recent years. The report highlights that this "above average" number of patents reflects "multinational commercialisation strategies" and serves as a proxy for the "high economic expectation" for these life-saving technologies. Read more

Innovation, IP and the energy transition – Creative tensions

The scale of the change needed to tackle climate change is enormous and it is clear the global transformation to a low carbon economy will be underpinned by technological innovation. Incredibly, according to the International Energy Agency’s Net Zero by 2050 report, almost half of emission reductions required by 2050 will come from technologies currently at the demonstration or prototype stage. So, attracting investment and increasing the speed with which this technology can come to market is critical. Read more

It all comes back to construction – long-awaited judgement in UK High Court mirabegron case

On 17 October 2023, Mr Justice Mellor of the UK High Court handed down the long-awaited judgment (some 14 months after trial) in the patent infringement action commenced by Astellas against Teva and Sandoz, in relation to their proposed generic mirabegron tablets, which is used to treat overactive bladder. The action between the parties concerned EP 2,345,410 (EP'410), a modified release formulation patent with a priority date of 2008.  The defendants alleged that the patent was invalid for insufficiency and obviousness, arguing that the claims of EP'410 were excessively broad and exceeded any relevant technical contribution to the art. Read more

HSF comments to JUVE Patent on expectations and aspirations for the UPC

On 1 June 2023, the Unified Patent Court (UPC) and unitary patent (UP) system finally launched, bringing with it fundamental changes to the patent landscape across Europe. Laura Orlando, Milan Partner and Joint Global Head of Intellectual Property at Herbert Smith Freehills, was recently interviewed by Amy Sandys at JUVE Patent, alongside other private practice and in-house IP lawyers, to discuss some of their hopes, potential challenges, and what the UPC means to them. Read more

The Unified Patent Court (UPC) starts today – 1 June 2023

Today marks the launch of the new Unified Patent Court (UPC) and unitary patent (UP) system in Europe – the culmination of decades of work, bringing with it fundamental changes to the way in which patents can be litigated in Europe. Find out more about the UPC, the unitary patent, and how our fully integrated … Read more

Webinar recording: The UPC countdown has started – are you ready?

On 29 March, our leading lawyers in Düsseldorf, Milan, Paris and London hosted a webinar exploring what businesses need to know and what they need to be doing now to prepare for the Unified Patent Court (UPC), which is set to start hearing cases on 1 June 2023. The presentation was followed by a short Q&A. Read more

Webinar: The Unified Patent Court (UPC) countdown has started – are you ready?

After years of debate and preparation, the Unified Patent Court (UPC) is set to start accepting cases on 1 June 2023. We invite you to join our pan-European IP team for a webinar on 29 March 2023 as we assess the biggest shake-up in the region's approach to IP for a generation. The changes will impact on those with European patents (EPs) as well as those selling into or operating in Europe even if they do not have EPs. Our leading lawyers from Düsseldorf, Milan, Paris and London will explain what you need to know and what you should be doing now to prepare for the UPC and unitary patent (UP). Read more

Deposit of final required ratification means that the UPC will to go live on 1 June 2023

The Unified Patent Court will start to accept cases on 1 June 2023 and the sunrise period for opt-out of European patents from the new court's jurisdiction will start on 1 March. Germany has today (17 February 2023) deposited its instrument of ratification of the Unified Patent Court Agreement (UPCA), the final ratification required to trigger the run-up period to the start of the UPC. The arrival of the UPC will mark a fundamental change in patent litigation in Europe, providing a one-stop-shop for resolution of patent disputes - with the possibility of pan-European injunction and damages awards but also of the revocation (loss) of patents across participating states in one action too Read more

HSF shares insights on the Milan local division UPC judges for Managing IP

Following the Unified Patent Court (UPC) Administrative Committee's appointment of 85 legal and technical judges last month, including the appointment of two legally qualified judges in the Milan local division, Herbert Smith Freehills' Joint Global Head of Intellectual Property Laura Orlando shares her insights with Managing IP on what this may mean for the UPC. Read more