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  02/12/2024

  United Kingdom

  The Emotional (Perception) Rollercoaster Continues: Supreme Court agrees to hear an appeal on Patentability of AI Inventions

  In July 2024, the UK Court of Appeal handed down its judgment in Emotional Perception v Comptroller, ruling that Emotional Perception’s deep learning AI recommender system was a computer program “as such” and therefore excluded from patent protection. The decision not only reversed Sir Anthony Mann’s pro-AI High Court judgment but also went further than the UKIPO’s ruling by holding that hardware artificial neural networks (ANNs) constitute computer programs (something previously applicable only to software emulations).  The UK Supreme Court has now agreed to...

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  18/11/2024

  Deutschland

  UPC: Urgent or not – that is the question here

  In a recently published order, the Lisbon Local Division has further clarified the requirements for granting provisional measures.We have already reported on provisional measures before the Unified Patent Court (UPC) on various occasions (see for example here). The Court of Appeal of the UPC has also already commented on the requirements for the granting of provisional measures. However, this does not prevent the various Local Divisions of the Court of First Instance from deciding in particular on individual questions regarding the requirements for the granting of provisional measures and thus...

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  15/11/2024

  Belgium

  The AI Act and IP rights: key obligations for providers of general-purpose AI models

  The European Union’s Regulation 2024/1689, also known as the AI Act, is one of the first laws governing the deployment of artificial intelligence tools. This legislation categorizes AI systems into different risk levels and imposes corresponding obligations. In this last article in our series on AI and intellectual property rights, we discuss the provisions of the AI Act that will have an impact on your intellectual property.1.    Copyright policies regarding general-purpose AI modelsAccording to the AI Act, providers of general-purpose AI (“GPAI”) models must...

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  13/11/2024

  United Kingdom

  Rowing back from Cofemel – WaterRower is “original” but not “artistic”

  In the autumn of 2022, we reported on the interim decision of the Intellectual Property Enterprise Court (“IPEC”) in WaterRower v Liking Limited (t/a TOPIOM) which held that a wooden rowing machine was “arguably” a work of artistic craftsmanship under section 4(1)(c) of the Copyright, Designs and Patents Act 1988 (“CDPA”).Now, two years on, the High Court has ruled that whilst the WaterRower satisfies the test of “originality” under the Information Society Directive 2001/29/EC (the “InfoSoc Directive”) as interpreted by the Court of Justice...

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  13/11/2024

  Europe

  AI in healthcare inventions - uncertainty relating to processing medical data

  European Patent Office (EPO) Board of Appeal decision T 1741/22 has cast doubt on the circumstances of when a mathematical method may be considered to contribute to technical character in the processing of medical data. Of particular note, this decision deviates from both an earlier decision (T 2681/16) and EPO Guidelines G-II, 3.3 (citing particular examples in the EPO Guidelines as “erroneous”), raising concerning questions as to how inventions relating to the processing of medical data, or indeed data more generally, might fare at the EPO.  BackgroundIn the healthcare field,...

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  08/11/2024

  Deutschland

  UPC: (International) jurisdiction and UPCA Contracting Member State

  The Local Division The Hague has issued an order dealing with the concept of a Contracting Member State and international jurisdiction of the UPC, among other things.The order of the Local Division The Hague dated 19 June 2024 (UPC_CFI_130/2024, ACT_14944/2024) deals with a number of complex (procedural) issues: the interpretation of applications, the concept of a Contracting Member State within the meaning of the Agreement on a Unified Patent Court (UPCA), the international jurisdiction of the Unified Patent Court (UPC) and the urgency of applications for provisional measures.In an order dated...

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