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22nd Jul 2020

A primer on patenting artificial intelligence in Europe

Artificial intelligence is increasingly an important tool in industry. Not just in computer science but in almost all fields of industry. And where an AI innovation provides a benefit to users, many would like to protect it with a patent. The European Patent Office (EPO) recognises this. In 2017 the EPO published a study on the ‘Fourth Industrial Revolution’ that identified AI as a key enabling technology. As we reported previously, the EPO has held a conference discussing the patentability of AI. And the EPO has recently announced that their Berlin branch is to become a centre of expertise in AI. So it is worth looking at how AI inventions can be patented in Europe.

15th Jul 2020

Breaking News – Update on G 1/19 Simulation Referral to Enlarged Board of Appeal

We have just finished watching the oral proceedings before the EPO’s Enlarged Board of Appeal (EBA) on case G1/19 concerning the patentability of computer simulations. We were not alone – some 1,600 people signed up to watch today’s oral proceedings by live stream. Unfortunately (but not unexpectedly) no decision was announced during the proceedings. However, we did get to hear some of the EBA’s thoughts on the issues.

14th Jul 2020

The Automotive Transformation Fund – a new funding competition to move the automotive sector to zero emissions

Innovate UK – together with the Advanced Propulsion Centre (APC), the Department for Business, Energy, and Industrial Strategy (BEIS), and the Department for International Trade (DIT) – have opened a new funding competition: The Automotive Transformation Fund. This funding competition can be seen as part of the UK government’s broader Road to Zero Strategy which seeks to reduce vehicle emissions to zero by 2050, and, perhaps more ambitiously, aims for at least half of new cars to be “ultra-low emission” by 2030.

13th Jul 2020

Regeneron v Kymab – Principles capable of general application

In his recent article, Robin Ellis summarised the key take-home messages from the UK Supreme Court judgement in Regeneron v Kymab.In this article Andrew Carridge takes a more in-depth look into the concept of a ‘principle capable of general application’, exploring when broad claims may be justified and when claims may legitimately cover as yet undiscovered embodiments.

10th Jul 2020

Seeing Article 3(d) with 2020 vision – revisited

On 9th July 2020, the Court of Justice of the European Union (CJEU) handed down their emphatic judgement concerning Supplementary Protection Certificates (SPCs) in Santen v INPI (C‑673/18). For those interested in the details and history of the case they can be found in my earlier blog, published in January, where I discussed the Advocate General’s preliminary and non-binding opinion.  As far as this judgement is concerned the conclusion is clear: “a marketing authorisation (MA) cannot be considered to be the first MA … where it covers a new therapeutic application of an active ingredient, or of a combination of active ingredients, and that active ingredient or combination has already been the subject of an MA for a different therapeutic application” – emphasis added Put another way, the CJEU has decided that the literal wording of Articles 1(a), (b) and 3(d) of the SPC Regulation mean what they say. The previous CJEU decision in Neurim is consigned to the scrapheap.

8th Jul 2020

Regeneron v Kymab – Sufficiency explained through transgenic mice and teleporters

On 24th June 2020 the UK Supreme Court handed down their judgement addressing the question of breadth of claim and sufficiency.  Although the decision is well written, its background is in biotechnology which is likely to dissuade a lot of people from reading it and/or understanding its broader implications.  So with this in mind, here’s my attempt to explain Regeneron v Kymab sufficiency using … TELEPORTATION.

30th Jun 2020

NASA’s Lunar Loo Challenge

NASA is now asking the People of the World to take the cutting edge of toilets (forgive the phrase) one step further with their “Lunar Loo Challenge”, which launched last week. In doing so, NASA have offered a total of $35,000 in prize money for designs for a toilet that can work both in the microgravity of space as well as the low, but not insignificant, gravity of the lunar surface (which I’m sure you all know to be about a sixth of that on Earth).

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