This article follows the jurisdictional analysis initiated in Legal Inception: Harmonizing the UPC and National Courts through EU Law. That piece focused on procedural structure. This one turns to the interpretive culture required to make that structure coherent. The European patent system is no longer defined by its fragmentation—it is now defined by how that…
G 1/24 has now been issued, and concludes “The description and any drawings are always referred to when interpreting the claims, and not just in the case of unclarity or ambiguity.” With this simple proclamation, the Enlarged Board of Appeal (EBA) provides clear guidance on the fundamental issue of claim interpretation which has caused much…
Maybe not all readers of this blog will know that there once was a “North German Confederation” which existed from July 1867 to December 1870, after which it became part of the newly to-be-founded German kingdom. This confederation even had its own constitution, which became somewhat of a blueprint for the German constitution of 1871….
Diving into the labyrinth of intertwined dreams in Christopher Nolan’s Inception—where each dream level operates under its own rules while influencing the others—sharply illuminates the intricate structure of the European patent litigation system. Within this evolving landscape, patent holders are granted procedural freedom: during the transitional phase of the Unified Patent Court (UPC), they may…
As James Bond’s 1989 adventure Licence to Kill, in which a special permit confers extraordinary authority upon its bearer, Brexit has furnished British patentees with a renewed licence to navigate Europe’s patent landscape under distinct rules. While the European Patent Convention (EPC) remains intact—Britain never exited that treaty—patentees domiciled in the UK now confront separate validation…
This year, at the Annual Fordham IP Law & Policy Conference, we heard Lord Justice Birss reflect on how we are living through a transformative era in intellectual property (IP) law. In the age of artificial intelligence (AI), some voices have gone so far as to call for the abolition of IP rights altogether. Yet,…
Defining antibodies by functional features is not always straightforward at the EPO. T326/22 is a nice example of how this can be achieved. To briefly recap the standard EPO approach, an antibody may generally be claimed by reference to its epitope, i.e. the structurally defined part of the antigen that it specifically binds to…
Like Corto Maltese charting forgotten seas, the UK now sails through uncertain waters in the shifting landscape of European patent litigation. Brexit did not bring about a complete rupture but rather a complex reconfiguration of balances and strategies. Caught between aspirations for strengthened judicial sovereignty and a European reality structured without it, the UK is…
This year, at the Annual Fordham IP Law & Policy Conference, we heard Lord Justice Birss reflect on how we are living through a transformative era in intellectual property (IP) law. In the age of artificial intelligence (AI), some voices have gone so far as to call for the abolition of IP rights altogether. Yet,…
Tempus fugit. It’s hard to believe that the UPC opened for business over two years ago and, after a relatively slow start, is now flourishing. It would be fair to say that, with certain notable exceptions, life sciences companies have not engaged with the UPC as enthusiastically as other sectors to date. Therefore certain issues…
