Patents

Patents, trademarks, designs and other forms of intellectual property (IP) play a key role in the success of all modern businesses.

Regulation (EU) 2019/933 on Supplementary Protection Certificates (SPCs) entered into force on 1 July 2019. It amended Regulation (EC) No 469/2009 on SPCs by introducing a manufacturing waiver for generics and biosimilars within the EU.

Small and medium-sized enterprises (SMEs) that apply for patents, trademarks or designs are more likely to experience high growth than SMEs that do not, according to a joint study by the EPO and the EUIPO.

Advance preparation is crucial for any transfer of IP ownership. Yet, no matter how extensive the IP due diligence before a merger or acquisition deal is agreed, the recordal process rarely passes without hitch.

The EPO’s Enlarged Board of Appeal is to consider the patentability of computer-implemented inventions in the context of appeal T0489/14, concerning a European patent application to protect a computer simulation invention.

As is usually the case with IP, it saves time and money over the longer term if a strategy is in place in advance of a brand takeover or launch. The same is true when two businesses merge.

Not to be confused with the much delayed Unitary Patent, the European Patent system provides companies with an important structure for protecting and exploiting inventions in Europe. However, certain requirements must be met if patent holders are to make best use of the system.

What happens to trademarks, designs, patents and copyright if the UK crashes out of Europe without a deal? The UK government released a series of guidance papers to address this topic last week.

IP licensing can provide companies with additional (or core) revenue streams, enable them to raise brand awareness and enhance their reputation, and extend their brands into new markets and geographies. However, if IP ownership or validity is unclear, it can also pose significant financial and business risk.

When seeking to expand into new markets or territories, it’s important to ensure IP protection is first in place. Dr Peter Wilson sets out the IP elements to consider when developing or updating an export strategy.

The UKIPO’s recent report on patent, trademark and design applications, publications and grants 1995–2017 has identified some interesting filing trends. Meanwhile, the UK government has confirmed that EU IP rights will continue to be protected in the UK post-Brexit at no-cost to brand owners.

The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.