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The UK Supreme Court has today (2 March 2023) heard the appeal by Dr Thaler against the Court of Appeal's dismissal of his appeal from the Comptroller of Patents in relation to a patent application for which the inventor was an AI (DABUS), and which the Comptroller had dismissed when Dr Thaler provided a statement of inventorship identifying an AI as the inventor. But why does it matter whether an AI can be an inventor of a patent? Read more
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
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
On 19 January 2023, the UPC announced the appointment of its first Registrar and Deputy-Registrar, Alexander Ramsay and Axel Jacobi, respectively. The announcement of Mr Ramsay and Mr Jacobi's appointments was made during the Advanced preparatory training for UPC appointed judges, which was launched in Budapest on 17 January 2023. Read more
Collaborations for innovation are often established relatively quickly in pursuit of a commercial advantage. In this video recorded for Practical Law, Jonathan Turnbull and Rachel Montagnon share advice on managing such arrangements to maximise the likelihood of a successful outcome for all parties and in particular establishing the ownership, management and use of the IP involved. Read more
The new European Unified Patent Court (UPC) has been a long time coming – and now just a little bit longer with the two month delay recently announced. The new start date is 1 June 2023 with the sunrise period in which to pre-register opt-outs of European patents from the UPC's jurisdiction now starting on 1 March 2023.
Despite the short delay, businesses around the world must continue to consider their strategies for the UPC and, in particular, opt-out, ahead of the revised start date. Herbert Smith Freehills' Joint Global Head of Intellectual Property, Laura Orlando, recently spoke to Bloomberg Law to share her insights on what US lawyers should be considering in advance of its launch. Read more
The UPC website has announced today that the start date for the sunrise period will be delayed until 1 March 2023 to allow users to prepare themselves for the strong authentication required to access the UPC's case management system (CMS) and to sign documents. Previously the sunrise period was due to start on 1 January 2023. This delay means that that start date for the UPC will also be pushed back by two months, to 1 June 2023 (rather than 1 April). The UPC site says that no further delay is anticipated. This June start date would require Germany to deposit its instrument of ratification of the UPC Agreement in February. Read more
Concerned about the new patent system planned for European patents starting in 2023? Watch Andrew Wells and Rachel Montagnon discuss how businesses can prepare for the UPC in this Practical Law video podcast (published 28 November 2022). Read more
In this podcast series, Australian partners Rebekah Gay and Emma Iles explore a variety of topics, issues and areas of intellectual property law. In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States … Read more