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Key Takeaways: - The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued its opinion in G1/24 on June 18, 2025 resolving divergent case law on how patent claims should be interpreted at the EPO. - The...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more
Franz Kaldewei GmbH & Co. KG v. Bette GmbH & Co. KG The Unified Patent Court (UPC) issued its first decision on the merits, granting the first-ever permanent injunction covering seven UPC member states. Franz Kaldewei GmbH &...more
The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) have signed a memorandum of understanding (MoU) that outlines a new framework for collaboration between the two...more
The Unified Patent Court (UPC) recently announced the appointment of 21 new technically qualified judges (TQJ) to the pool of judges of the pan-European court. The new TQJs are mainly judges from technical courts and IPOs...more
The new European Union Unified Patent Court (UPC) and Unitary Patent go live on June 1, 2023. Enterprises operating in Europe should understand the risks and rewards of this new system, one of the most significant...more
Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new Unified Patent Court (UPC) is expected to open for...more
In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that...more
The regulation of standard-essential patents (SEPs) has increasingly attracted the attention of policymakers in recent years. This includes the European Commission, which institutes multiple projects to profoundly review the...more
UK strives to “be a leader in AI technology” as it sets out its next steps for the regulation of artificial intelligence. On 23 March 2021, the UK Intellectual Property Office (IPO) published the outcome of its...more
The United Kingdom (UK) issued a statement on Feb. 27, 2020, cementing a new position that the country will take no steps to participate in the Unified Patent Court....more
From 31 January 2020, the UK is no longer an EU Member State. This article outlines the main impacts of Brexit on intellectual property rights, including patents, trademarks, designs and models, copyrights, and sui generis...more
European and UK patents are not impacted by Brexit. The European Patent Office (EPO) is established under the European Patent Convention (EPC). The EPC is separate from the European Union and the UK is, now, one of several...more
In the event of a “no-deal” Brexit, IP rights in the UK will be impacted. However, the UK has put in place various provisions to protect IP rights holders. Owners of European Union (EU) trade mark registrations,...more
This year’s C5’s Pharma Patent Term Extensions Forum arrives at a critical time for the pharmaceutical industry. Overarching developments from the Teva U.K. decision (C-121/17) to the SPC Manufacturing Waiver and the most...more
The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme...more
On 24 September 2018, the UK Government outlined its position on how the various Intellectual Property (IP) rights will be treated following "Brexit Day" – planned for 29 March 2019, in the unlikely event that the United...more
Patent holders must prepare a patent strategy before the Unified Patent Court system takes effect. On 26 April 2018, the UK government confirmed that the UK has now ratified the international agreement (the Agreement) to...more
The Unified Patent Court (UPC) is one step away, with ratification by Germany required….However, there remains uncertainty as to German ratification, and whether the UK will be able to continue in the UPC system after Brexit....more
Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more
The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more
On June 23, 2016, British citizens voted in a referendum in favor of exiting the European Union. Termed “Brexit,” the United Kingdom’s departure effected global markets and caused the British pound to fall to its lowest level...more
Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns....more