Intellectual Property

Welcome to the home of intellectual property on Law-Now.

On this page, you will find all the articles and publications for intellectual property.

To stay in touch with the latest developments, please bookmark this page on your mobile or register to receive eAlerts.

Recent Articles

  •  
    06.02.2023
    United Kingdom

    Pre­view of UK Su­preme Court ap­peal: in­vent­or­ship and en­ti­tle­ment to AI in­ven­tions - DABUS

    A judgment by the UK Court of Appeal finding that inventions created by an AI machine are not patentable has been appealed to the UK Supreme Court and is due to be heard on 02 March 2023.Summary of the AppealThe applicant previously appealed a decision of the UK Intellectual Property Office (the ‘UK IPO’) that deemed two UK patent applications should be withdrawn as they named an AI machine, DABUS, as the inventor, a decision which was upheld by the High Court.The High Court decision was subsequently appealed to the Court of Appeal, with the central argument being that DABUS should...
    Read more
  •  
    31.01.2023
    United Kingdom

    De­cent­ral­ised Autonom­ous Or­gan­isa­tions (DAOs): What are they? And can they be parties to a claim?

    Introduction:On 16 November 2022, the Law Commission announced that it will begin work on a scoping study into Decentralised Autonomous Organisations (“DAOs”). The review will shed light on how DAOs are to be treated under UK law, which is part of the UK’s greater drive to become a global cryptoasset technology hub.DAOs are a strange (relatively) new entity, whose legal status is currently something of a mystery. Their structure does not quite fit within any current model of legal entity. They are projects that operate almost exclusively over the internet, whose participants make...
    Read more
  •  
    30.01.2023
    Germany

    Apple: Re­cord fine by the Autor­ité de la Con­cur­rence re­duced by two thirds

    The French competition authority ("Autorité de la Concurrence", or "Autorité") had imposed a record fine of approximately EUR 1.1 billion on Apple on 16 March 2020 (see Law-Now article). Apple announced its appeal in advance. It has now been mostly successful. In its judgment of 6 October 2022 (Arrêt de la Cour d'Appel de Paris du 6 octobre 2022, case ref. 20/08582), the Cour d'Appel de Paris partially modified the decision of the Autorité and rejected the allegation of prohibited price fixing.The fineAs a reminder, the Autorité had sanctioned with the fine the...
    Read more
  •  
    27.01.2023
    Europe

    Quantum com­put­ing pat­ent in­crease is far above av­er­age

    On Wednesday 25 January 2023, the European Patent Office (EPO) issued their Insight Report into quantum computing and patents. In their Report, the EPO considered quantum computing patents in general and then concentrated on three topics that they considered key in quantum computing (a) physical realisations of quantum computing; (b) quantum error correction/mitigation; and (c) quantum machine learning and artificial intelligence. The report is very welcome at a time when the field appears to be advancing rapidly. A group of researchers in China have claimed to use a small quantum computer to calculate...
    Read more
  •  
    26.01.2023
    United Kingdom

    The im­port­ance of the in­vent­ive concept: Teva in­val­id­ates two No­vartis pat­ents

    In a recent High Court decision, HHJ Hacon made clear that the inventive concept of a patent (for the purposes of both validity and infringement) cannot be stretched to constitute a concept outside that which was claimed. This is because the invention is prima facie that specified in the claim, the inventive concept is the core of the of the invention claimed, therefore the inventive concept of a claim cannot encompass matter which forms no part of the invention as a whole, i.e. that which is not specified in the claim. This meant that when identifying the inventive concept, features claimed could...
    Read more
  •  
    26.01.2023
    United Kingdom

    Ad­dress the risk: Ap­point a UK ad­dress for ser­vice

    Owners of all UK trade marks and designs and UK designations of International Registrations should appoint a UK address for service[1] following a change in the UK IPO’s practice, which came into effect on 25 January 2023. Under the new practice, if a UK right is challenged, the owner or the WIPO representative (for an International Registration) will be set a short window of one month for appointing an address for service in the UK. Crucially, correspondence setting the deadline will be sent by post, so there is a considerable risk that a communication will be delayed or lost when sent...
    Read more