Series: The IP in AI

Uses of machine learning and AI are expanding rapidly, and IP rights play a critical role in both regulating the use of AI and protecting the rights of inventors and creators. In this series, we will explore the key challenges governments worldwide are currently grappling with in order to provide the right level of protection … Read more

Live figures from the European Patent Office show healthy appetite for Unitary Patents

The European Patent Office has released a “Unitary Patent dashboard” offering “a timely snapshot of applicants’ eagerness to opt for the Unitary Patent”. Live figures show that as of today, 1 August 2023, there have been 5665 requests for unitary effect, with the most popular technologies being Infrastructure & Mechanics (20.8%), Health (19.2%) and Materials … Read more

The UPC and unitary patents – six weeks in

Six weeks into the new Unified Patent Court and unitary patent, both elements of the new system seem to have taken off, with unitary patents proving popular and the first cases being filed (17 infringement and 3 revocation actions to date). Whilst opt-outs are high and teething problems remain with the case search systems and some practical procedural issues, a certain UPC momentum is developing, with the first preliminary injunctions and orders also being granted. 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

UPC central division cases that would have gone to the London seat under original UPC plans will be split between Paris and Munich seats initially

The UPC has announced that the UPC Presidium has exercised its managerial power to decide that matters before the UPC that would have fallen under the patent classifications (A and C) that would have originally gone to London until the UK withdrew from the UPC Agreement, will be shared between Paris and Munich initially, as of the UPC start date of 1 June 2023, until such time as a decision has been made on the third seat. Read more

The IP in AI: Does copyright protect AI-generated works?

In this instalment of our series The IP in AI, we take a look at the extent to which copyright and other rights currently provide protection for output generated by AI systems, including how concepts of 'authorship' and 'originality' may need to be adapted to meet the rapid growth of generative AI. Read more

UPC publishes templates for court decisions and orders along with “non-binding” guidance

In order to ensure a unified, European and consistent appearance and content of orders and decisions of the UPC, a set of four templates (two for the CFI and two for the CoA) have been prepared and published by the UPC along with a series of non-binding "Guidances" aimed at facilitating the use of the templates by the judges of the UPC. Representatives of parties using making applications to the UPC are also suggested to follow the drafting guidance when making requests to the court, so these are in a format that corresponds to the possible format of the decision or order sought. Read more

European Commission announces new centralised application procedure for SPCs, and a new Unitary SPC to accompany a Unitary Patent

As we reported on 27 April 2023, the European Commission has issued proposals for a new SPC regime across the EU. Under the new proposal, a new centralised procedure for the grant of SPCs is introduced for medicinal products that have been centrally authorised, and a new unitary SPC to complement the Unitary Patent is introduced. We discuss the key points to note here. Read more