Following on from my recent Blog of 7th May [insert link please], we are beginning to get preliminary reports of the Supreme Court’s Decision of 12th May 2021, concerning already-granted patents with a term of ten years from grant; in particular, whether these patents will retain this term.
Insights: IP news
Brazilian IP Law previously provided that the term of a patent is the longest of 20 years from filing date or 10 years from date of grant. This ensures a minimum term of ten years from the grant date; it can be thought of, effectively, as an automatic “Patent Term Adjustment” to account for delays in prosecution by the Brazilian Intellectual Property Office.
Renewable energy is more affordable now than it has ever been. According to BloombergNEF, it is now cheaper to build a new solar or wind farm to meet rising electricity demand or replace a retiring generator, than it is to build a new fossil fuel-fired plant. Policy incentives, increased investment and technological advances are driving this strong growth in the renewables sector, leading to technological improvements in the structural hardware necessary for renewable energy generation, transmission and storage.
The resale market is worth billions and you can see why – notably whenever there is a Nike Air Jordan x Off-White collaboration, trainers can be seen on the resale market at around five times the initial retail price, if not more in some cases. This makes these rare trainers a valuable commodity.
A few weeks ago, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a decision on the extent to which computer-implemented simulations are patentable in Europe (previously reported here). The confirmation that computer-implemented simulations should be considered in the same way as any other computer-implemented process could be significant for the industry that filed more European patents than any other in 2020: Medical Technology.
Many of us feel as though we have undergone some form of transformation over the course of this last extraordinary year. On 21 April 2021, the UK IPO proudly announced its own “One IPO” Transformation Programme – a five-year programme intended to transform Intellectual Property (IP) services and enhance the value that the IPO adds to the UK economy. As Amanda Solloway MP (Minister for Science, Research and Innovation) commented: “The UK already has a world leading IP environment, but a service for innovators must itself innovate.”
Those statistics are complimented by the release of the Patent Index 2020 – patent filing statistics at the European Patent Office (EPO). The annual Patent Index allows for both a general assessment of innovation, and a deeper analysis into filing trends within Europe.
Inventions that fall into certain categories of excluded subject-matter, including programmes for computers, mathematical methods and mental acts, are not patentable in Europe. The EPO’s established ‘COMVIK’ approach assesses inventive step for claims that include a mixture of features that do and do not fall into categories of excluded subject-matter. If a claim feature relates to excluded subject-matter and does not contribute to a technical solution to a technical problem then it is ignored for the assessment of inventive step