Long read

JPO presses case for grace period harmony as trade deals bring issue to the fore

The grace period gap between major jurisdictions has recently been thrust into the spotlight. The JPO is one stakeholder pushing for major players to seize momentum and work towards harmonisation

23 March 2022

Machine-learning patents at the EPO: how to overcome the pitfalls

As applicants from a wider range of fields seek patent protection in the space, Harry Strange, Diego Black and Karl Barnfather of Withers & Rogers explain how to draft specifications with a view to sufficiency

16 March 2022

Why proposed IoT licensing negotiation groups are an antitrust non-starter

Igor Nikolic takes a deep dive into competition law to show how the proposed SEP licensing negotiation groups could be both unnecessary and damaging

09 March 2022

The EU WTO patent attack on China explored from every angle

Europe has anti-suit injunctions involving SEPs firmly in its sights, but there are multiple, highly complex issues at play and context is all important. Adam Houldsworth, Jacob Schindler, Joff Wild and Bing Zhao report

02 March 2022

Anti-suit injunctions are a race to the bottom – and arbitration is the answer

Alternative dispute resolution offers one of the few remaining ways out of the growing anti-suit injunction morass, argue Roberto Dini, Jing He and Mario Franzosi

23 February 2022

Why the proposed covid TRIPs waiver is a solution in search of a problem

Rigorous correlation analysis makes the case that IP rights are not the barrier to vaccine and treatment access that advocates claim, argues David Torstensson

16 February 2022

The truth about mobile SEP invalidation decisions in China

In an exclusive data analysis, Zhang Xin of Lung Tin Law Firm surveys over 250 challenges to wireless patents at the China National IP Administration and draws lessons for both petitioners and patentees

09 February 2022

Top takeaways from Docket Navigator’s 2021 Year in Review

Comprehensive US patent litigation data from 2021 shows more district court litigation and the continuing decline in PTAB filings. IAM speaks to expert practitioners to unpack the narratives behind the numbers

02 February 2022

How managing data into a business asset is key to unlocking its value

There are lessons to be learned from how digital-born businesses and industrial companies undergoing digital transformation approach data asset management, protection and value creation, write Marta Sadriu, Michelle Fransson and Bo Heiden

26 January 2022

Building blocks for the metaverse – practical IP considerations for NFT investors and creators

Nader Mousavi, Mehdi Ansari, Jay Thornton and Jonathan Hofman of Sullivan & Cromwell explore the legal issues facing creators and buyers of NFTs, alongside the regulatory frameworks in which they are being used

19 January 2022

mRNA vaccines: how to navigate the freedom-to-operate maze

The Long Read: Jeffrey Morton and Thomas Ehrich unpack the complex patent considerations surrounding one of the most important leaps forward in biotechnology

12 January 2022

The EU's Unified Patent Court is set to open in 2022 -  this is what you need to know

Recent developments mean that the long-awaited body is on course to open for business some time next year, while it should also be possible to apply for unitary patents. However, there are still some hurdles to get over before lift-off

15 December 2021

Why Open RAN’s closed standards setting body could be bad for wireless innovation

The Long Read: The O-RAN Alliance is touted as a key initiative for furthering 5G deployment. Elisabeth Opie and Haris Tsilikas say its exclusive membership structure raises both IP and antitrust issues

08 December 2021

Why patent litigators are now central to a wide range of commercial disputes

The Long Read: It’s no longer all about infringement, write Michelle Avery, Nicole McTernan and Drew Sills of Ocean Tomo. Instead, IP specialists are increasingly being called on in a diverse array of corporate lawsuits

01 December 2021

How to deal with China's new crackdown on bad-faith patent filings and other examination changes

The Long Read: New guidelines in the works at the CNIPA will continue the fight against 'irregular' applications, make utility models harder to get and heighten the risk of litigation in the software space, write Aaron Wininger of Schwegman Lundberg & Woessner, PA and Austin Chang of Beijing East IP

24 November 2021

Chinese patent litigation data: what it tells us and what it doesn’t

The Long Read: Exclusive analysis from Rouse and Berkeley Law’s Mark Cohen suggests that the country's courts publish only around half of the judgments that they hand down, often months after the fact. But the information that is available still has strategic value if you know what to look out for

17 November 2021

Managing patent risk: why proactive engagement costs less

The Long Read: The recent findings of a survey conducted by Cipher suggest that upward communication of problems only occurs when a major issue arises. Nigel Swycher and Francesca Levoir argue that companies need a better framework for managing and mitigating the IP threats they face

10 November 2021

What patent numbers say about the quantum technology race

The Long Read: A gap between scientific publications and patent filings in quantum fields paints a worrying picture for European innovators, in particular, write Sebastien Ragot and Michel Kurek. However, there is still time for course correction

03 November 2021

How a wave of CAFC reversals is affecting the Albright court in the Western District of Texas

The Long Read: Data from Docket Navigator and analysis of 35 Federal Circuit mandamus rulings show that the judge presiding over the US's busiest patent litigation venue has changed some of his procedures, writes Angela Morris, but that there are other practices he has been slower to address

27 October 2021

Courts split on AI inventorship and patenting

The Long Read: Those hoping for clarity on whether AI programmes can be regarded as inventors for patent purposes will be disappointed by the different ways in which courts around the world have handled the issue so far. Helen Macpherson, Tanvi Shah and Avi Toltzis of Baker & McKenzie look at recent developments

20 October 2021

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