Category: Patents / Trade Secrets
The patentability of AI-assisted diagnostic methods: traditional challenges in a new context
The application of AI to medical diagnosis is attracting growing interest from an industrial property perspective. In Europe, these inventions need to overcome two separate hurdles: the exclusion of certain diagnostic methods and the requirements applicable to computer-implemented inventions. This gives rise to particular challenges when they are examined following the criteria of the European […]
New genomic techniques (NGT): the new European framework for plant innovation
A new regulatory framework has commenced for new genomic techniques and is set to transform plant innovation in Europe. Beyond the opportunities to develop more competitive and sustainable varieties, the sector must prepare for significant implications regarding intellectual property, licensing, and market access. Regulation (EU) 2026/1388 now has a date: it entered into force on […]
Pathways to extend the term of pharmaceutical patents in Mexico
A combination of regulatory developments and recent judicial criteria have opened different avenues to adjust the duration of exclusivity periods. In recent years, substantial changes have been made to the Intellectual Property System in Mexico, creating the possibility of modifying the term of patents related to pharmaceutical products. In this entry, we analyze three relevant […]
Supplementary protection certificates in Europe: towards a unified system and the extension of biotech protection
The European regime on supplementary protection certificates could undergo a huge transformation. The EU has proposed measures such as introducing a centralized examination procedure at the European Union Intellectual Property Office (EUIPO), creating a unitary supplementary protection certificate or extending protection by a further 12 months for some medicines developed using biotech processes and for […]
Patent litigation funding: a rising trend
Access to third-party funding is becoming a key tool for businesses with valuable patents and limited resources to be able to litigate on equal terms and promote innovation. Third-party litigation funding (TPF) has become a real alternative for startups and SME’s to be able to face the high costs that a lawsuit may involve and […]
When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case
Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse […]