IP strategy

Thu 16th Dec 2021

Top of the IP strategy agenda for any patent owners in 2022 should be the Unified Patent Court (UPC) and the unitary patent (UP), according to Olaf Ungerer, a German and European Patent Attorney in Munich.

Fri 26th Nov 2021

Our patent attorneys highlight some of the information that you need to provide to ensure that your assignment sails through at the EPO without delay.

Tue 9th Nov 2021

Patent attorney Roona Deb, specialising in life sciences, explores EPO’s move to address ambiguity over post-published data in proving a patent’s inventive step.

Fri 5th Nov 2021

The Second Patent Law Modernisation Act (Patentrechtsmodernisierungsgesetz) aims to simplify and modernise the Patent Act (Patentgesetz) and other IP laws in Germany and it came into force on 18 August 2021.

Mon 1st Nov 2021

If set up and administered well, patent pools can provide significant benefits for the market, such as reductions in transaction costs, more reasonable aggregate royal-ties, and a better ability to create a level playing field. These benefits can make pa-tent pools an attractive option for standard-based licensing where there are multiple licensors holding SEPs.

Fri 10th Sep 2021

One of the greatest concerns regarding the use of patent pools, especially by technology giants, is that collaboration can also lead to anti-competitive practices.  So, while patent pools have many benefits, especially for emerging technologies, the risks cannot be ignored.

Wed 4th Aug 2021

Patent pools have a long history, and one of the first patent pools was formed in 1856 for sewing machines.  These days they form an important part of the basis for industry standards in regard to technologies which are necessary (essential) to develop compatible products and services. Examples can be seen in the fields of mobile communications, information coding, public health etc. and they often relate to technologies that are yet to be fully developed.

Thu 29th Jul 2021

We often encounter software engineers who are under the impression that it is not possible to obtain a patent for their software, and that their invention or innovation is protected by copyright or simply not suitable for a patent.

Thu 22nd Jul 2021

Where a company is developing technology which needs to adhere to industry-wide standards, then it may be advantageous or necessary to participate in a patent pool.

Wed 14th Jul 2021

Yet another step forward has been made towards the establishment of the Unified Patent Court, with the rejection by the German Federal Constitutional Court (FCC) of the two applications for preliminary injunction against the ratification Bill of the Agreement on a Unified Patent Court.

Thu 1st Jul 2021

On 22 June 2021, the Enlarged Board of Appeal of the European Patent Office (EPO) confirmed that a European patent application can be refused under Articles 97(2) and 125 EPC if it claims the same subject-matter as a European patent which has been granted to the same applicant. The Enlarged Board of Appeal is the highest authority at the EPO.

Tue 27th Apr 2021

Is there hidden value in your designs? On International Design Day, David Roberts outlines the key benefits of registering your designs in the UK and abroad.

Tue 13th Apr 2021

When the UK left the EU, new intellectual property rights and exclusions were created in the system of protection for designs. These changes mean that companies and designers have some important choices to make about where to disclose designs first; whether to register designs; and if so, where to register their designs first. Adam Flint, Oliver Spies and David Roberts highlight the three key lessons for design owners.

Mon 15th Mar 2021

Olaf Ungerer, a partner and European patent attorney in Munich, highlights key lessons for patent attorneys concerning the patentability of computer-implemented simulations, following the long-awaited decision from the European Patent Office (EPO) on the referred questions in G1/19.

Fri 5th Mar 2021

With AI applications developing faster than the regulators can consult and implement new laws, what are the priorities to be addressed in regard to patents and artificial intelligence?

Mon 1st Mar 2021

Insurance is a mature and highly competitive sector, with over 400 operators in the UK and thousands of products. Without a tangible visible product for consumers to see, differences in service offerings can be subtle and hard for consumers to distinguish between. 

Thu 18th Feb 2021

The latest report from the EU IPO is the result of research by the European Observatory on Infringements of Intellectual Property into ‘the impact, role and public perception of intellectual property in the economy of the EU.

Thu 4th Feb 2021

The role of intellectual property in crystallising a company’s intangible asset value is being increasingly recognised.

Wed 20th Jan 2021

The UK fashion industry is worth £26 billion, employs over half a million people, and is constantly and rapidly innovating as, every season, exciting new brands and products are launched.

Thu 31st Dec 2020

Page White Farrer is delighted that two of its expert patent attorneys, Virginia Driver and Tom Woodhouse, have contributed to a book on artificial intelligence and the law around this, with a chapter delivering insights on intellectual property.

Thu 10th Dec 2020

The advice of the UK government on its website is as follows:

“We strongly recommend you seek legal advice before applying for a patent, as it can be a complex and costly process”.

Mon 7th Dec 2020

If you have established some strong marketing channels, with an extensive database, good customer knowledge and a productive sales engine, you may be on the lookout for new products which might compliment your existing portfolio.

Thu 19th Nov 2020

For EU design registrations which are registered and published by the end of 2020, an equivalent “cloned” UK registered design will be automatically created at no cost to the EU registered design rights holder. 

Fri 13th Nov 2020

After the UK leaves the EU at the end of the Brexit transition period on 1 January 2021, new EU registered community designs (RCDs) will no longer provide registered design protection in the UK.

After 1 January 2021, if you wish to obtain both EU and UK registered design protection, it will be necessary to apply for these registered designs separately.

Sat 17th Oct 2020

Innovate UK has published its updated ‘Design in Innovation Strategy’ to cover the period 2020 to 2024, as part of the government’s commitment to increase public and private investment in R&D activities.

Wed 14th Oct 2020

Figures published by the UK Intellectual Property Office show a marked upturn in the number of filings of trade mark and design right applications since April 2020.

Fri 25th Sep 2020

This is a brief note on the position concerning how EU-wide trade marks and EU-wide registered designs will be affected by Brexit from 1 January 2021. The advice below is applicable to trade marks and designs equally.

Please note the European Patent Office is not an EU institution and European patents and patent applications are not affected by Brexit.

This is a very important notice for the owners of EU-wide trade marks and designs. Please contact us if you have any questions.

Mon 24th Aug 2020

An audit of your intellectual property will pay dividends as it enables a business to identify new revenue streams, enhance business value, implement best practice, assess and reduce the risk of competition.  It is particularly important for any business with a strong brand or knowledge-based products or services.

Wed 12th Aug 2020

Your logo is an important part of your branding, and the last thing you want is to see another business using an identical or very similar logo that might cause confusion amongst customers and which could devalue your brand.

Fri 17th Jul 2020

By 17 June 2020, according to Center for Disaster Philanthropy (CDP), some $11.4 billion had been donated to help tackle the COVID-19 outbreak.

Large donations have been made by some of the world’s leading companies and foundations, and universities are racing to develop a vaccine.

Mon 1st Jun 2020

In an article for The Times Higher Education (published May 30, 2020), intellectual property strategists Virginia Driver and Tom Woodhouse have urged universities to guard their IP rights to ensure COVID-19 innovations reach the vulnerable in poorer nations.

Thu 28th May 2020

When establishing a new brand, it is important to avoid spending time and resources on registering a trade mark brand which is likely to be refused by the Intellectual Property Office.

Thu 21st May 2020

A recent decision by the German Federal Court of Justice (BGH) relates to European Patent Convention (EPC) law and provides guidance for software companies seeking to protect an inventive step in a graphical user interface at the European Patent Office (EPO).

Mon 27th Apr 2020

Invalidation is the legal procedure which allows anyone to try and remove a trade mark from a register and can relate to the entire registration, or only some of the goods or services covered by the trade mark. This is important if:

Thu 23rd Apr 2020

Patent attorney Virginia Driver recently gave a presentation to the Bruntwood SciTech Wednesday community, looking at how individual innovators can protect their inventions and creations.

Tue 21st Apr 2020

Sometimes you expect something to happen, but it still surprises you when it does occur.

Wed 8th Apr 2020

We hope that you are keeping well and are settling into this new way of working.

Wed 11th Mar 2020

Finding and entering new markets is key to the growth of any business, whether this is selling to a new industry sector or into a foreign territory. But this can be time-consuming and labour intensive and difficult to do well if you do not have anyone who speaks the language, understands the sector or is familiar with differences in the cultural or regulatory environment.

Wed 16th Jan 2019

As you will be aware, the UK faces continued uncertainty over its relationship with the EU following Parliament's vote to reject the withdrawal deal. Nonetheless, whatever happens, your European intellectual property is safe with us.

Tue 25th Sep 2018

On 24 September, the UK government released its latest pre-Brexit updates for businesses in regard to the implications for intellectual property. These papers outline the situation in the event of a ‘no deal’ scenario, explain the implications for businesses in the UK, the EU and other countries, and they highlight any actions which are required by businesses and other stakeholders.

Mon 6th Aug 2018

On 27 March 2018, the German Federal Court of Justice (the Bundesgerichtshof – Germany’s highest court of civil and criminal jurisdiction) made a decision relating to case X ZB 18/16 ‘Feldmausbekämpfung’ which confirms that methods cannot benefit from patent protection under the utility model in Germany.

Mon 2nd Jul 2018

The outcome, implications and effect of Brexit remain unknown and unclear. However on 19 March 2018 the European Commission published a draft agreement indicating terms that have been agreed with the UK in the event of a wider agreement concerning Brexit and those yet to be agreed.

Mon 11th Jun 2018

Subject to any transitional arrangements or other changes in law following Brexit, scheduled for 29 March 2019 when the United Kingdom will leave the European Union, there will be no copyright or unregistered design right protection in the UK for the 3‑dimensional aspects of industrial designs for nationals of most non‑EU countries. This includes nationals of, amongst others, the US, Canada, Australia, China, Japan and South Korea.

Fri 25th May 2018

The UK has recently ratified the Unified Patent Court Agreement (UPCA) and the Protocol on Privileges and Immunities (PPI). Olaf Ungerer discusses the the impact that this will have on Brexit negotiations.

Sat 28th Apr 2018

Protecting your intellectual property is key to the operational and financial success of many businesses.

Thu 19th Apr 2018

In Activis v Eli Lilly Lord Neuberger referred to certain circumstances where it would be appropriate to consider prosecution history to assist in claim interpretation. Jeff Daniels explains that this does not open the door generally to file wrapper estoppel, and reference to the prosecution history is the exception and not the rule.

Wed 18th Apr 2018

Adam Flint examines the UKIPO’s approach to Landmark Graphics Corporation’s application to patent geological computer software and the requirement for a technical contribution.

Thu 5th Apr 2018

At this year’s iF seminar in London, Virginia Driver was one of a panel of three industry experts discussing the potential for UK SMEs to become leaders in innovation, research and development. The panel discussed a wide variety of topics, including entrepreneurship, patent protection and keys to success.

Sun 1st Apr 2018

The Hague Agreement or Hague System, is a procedure that allows for the international registration of industrial designs through a single application filed at the International Bureau (IB) of the World Intellectual Property Organisation (WIPO).

Thu 1st Mar 2018

Patent attorney David Roberts reviews the CJEU judgement C-361/15 - Easy Sanitary Solutions v Group Nivelles and give some background and implications of the case.

Fri 23rd Feb 2018

The European Patent Office (EPO) and the Chartered Institute of Patent Attorneys (CIPA) met on 24 January to confirm that Brexit will have no effect on UK membership of the EPO, or on European patents in the UK.

Fri 6th Oct 2017

On 30 August 2017, in a report commissioned by the UK government, Sir John Bell set out an ambitious vision for the UK health and life science sector, with the aim of making the UK a world-leader in this sector over the next 20 years.

Fri 22nd Sep 2017

The UK Intellectual Property Office has published a study on the performance of the UK patent system, and concluded that it operates in an overall positive way.

Wed 20th Sep 2017

There are over 200 UK laws and regulations governing promotional communications and advertising and, while consumers increasingly use social media to make direct complaints, a key part of the control of advertising in the UK is the Advertising Standards Authority (the ASA). This is a self-regulated, non-government body paid for largely by the advertising industry, which regulates the content of adverts, sales promotions and direct marketing and has established codes.

Wed 28th Jun 2017

This week, the Unified Patent Court took one step forward in the UK with the publication of remaining draft legislation, but came to a standstill in Germany, where a law suit has brought proceedings to a pause.

Wed 11th Jan 2017

As your business grows and you expand into new markets, then there will be strategic decisions to take about how best to manage your international portfolio of trade marks. One key consideration is whether to take advantage of a seniority claim.

Mon 9th Jan 2017

If you sell products, or services internationally, then you will need to consider where and when to register trade marks to protect the intellectual property in your branding. Planning your approach is an important part of your IP strategy.

Thu 1st Dec 2016

For British research institutions and businesses looking to benefit from the UK-China technology transfer, there are a number of best practice methods for intellectual property that should be considered.