Insights

The purpose of patents is to drive innovation. However, many jurisdictions accept that a patent term of 20 years from filing is not always sufficient to compensate an innovator for the expense and risk of developing certain types of product. Many countries in Europe (including the UK despite its exit from the EU) have adopted an alternative approach to compensating for lost patent term. This new right is known as a “Supplementary Protection Certificate” (SPC) and although quite limited in scope, it can provide highly valuable protection since it comes into force at the expiry of the patent and is sharply focused on protecting the commercial produc

As many in the life sciences and chemical sectors await the G2/21 decision, Jonathan Bailey, Associate in the Dehns Chemical Group, discusses how much experimental data is needed for patent applications in Europe.

Invention harvesting, or invention mining, is an important process for any company looking to build or expand a patent portfolio.

In the second episode of The IP Podcast’s UPC special, Dehns Partner Mark Bell discusses what factors people need to consider when deciding on the best course of action for their patent, patents or patent applications, including:

• Where does the patent owner or applicant wish to obtain patent protection?
• The costs of validation and renewal for European patents
• Will the jurisdiction of the Unified Patent Court (UPC) be a potential problem?
• Loss of flexibility in managing the patent portfolio over the life of a European patent

All these questions and more, answered in less than 30 minutes!

Plant Variety Rights (PVRs), also known as Plant Breeders’ Rights (PBRs), are an important form of intellectual property for plant breeders seeking protection for their investment in the generation of a new variety of plant. As many patent offices, including the European Patent Office (EPO) and UK Intellectual Property Office (UKIPO), have provisions that exclude individual plant varieties from patent protection, PVRs represent a valuable asset for plant breeders in many countries.

Methods for treatment of the human or animal body by therapy (or surgery) are excluded from patent protection at the EPO under Article 53(c) EPC. The purpose of the exclusion is to avoid restricting the activities of medical and veterinary practitioners. In contrast, purely non-therapeutic methods of treatment, e.g. purely cosmetic methods, are permitted.

On face value, the EPO’s approach seems clear and navigable. However, in practice the waters are murkier.

In this episode of The IP Podcast, Dehns Partner Mark Bell looks at a major topic in the IP world, and certainly the biggest and most significant change to the European Patent system for nearly 50 years – the introduction of the Unified Patent Court and the Unitary Patent.

Cadbury finally hits a purple patch: Paul Harris, Head of Litigation at Dehns, provides a case analysis of Nestlé v Cadbury.

In this article, Joseph Letang, Partner in the Dehns Trade Marks Group, warns against claiming rights in descriptive terms.

In the first episode of Season 2 of The IP Podcast, Dehns Partner Tim Wilson takes a look at NFTs and the main IP issues surrounding them.