Professional Service
Patents
Patents represent a key aspect of our clients’ intellectual property and may have significant commercial value, whether used to protect core technology, keep competitors out of a particular technical/commercial space, or as a source of revenue through licencing or assignment of rights. We understand that the role of patents may vary depending on the nature and life-stage of our clients’ businesses and seek to offer practical and tailored advice.
In drafting patent applications, we seek to define your inventions in a way that offers commercially-relevant protection, provides flexibility to address any unforeseen objections arising during prosecution, and ultimately provides valuable rights that can be defended and enforced, if required.
The Schlich attorneys adopt a creative and practical approach to prosecution, and have experienced considerable success through direct interaction with EPO and UKIPO Examiners. We can also advise on effective strategies for accelerating prosecution, or deferring costs, to reflect your commercial needs. We are also able to coordinate patent prosecution worldwide, either directly through the European and International (PCT) patent systems or by working through established relationships with trusted foreign law firms.
The Schlich patent team have developed considerable experience, and a proven track record of success, in EPO opposition and appeal proceedings (both offensive and defensive). We are also able to advise on, and propose practical solutions to, potential freedom-to-operate and infringement issues.
Recent Insights
Read the latest insights from the Schlich team reporting recent cases and updates to patent law.
First UPC Referral to the CJEU: Just How Long is the Long-Arm Jurisdiction of the UPC?
In its first ever referral to the CJEU, the UPC seeks clarification over its jurisdiction to decide on infringement of European patents in EU Member States that chose not to sign up to the UPC Agreement.
Sequence Identity Claims After T 0137/24: How Broad Is Too Broad?
The recent Board of Appeal decision in T 0137/24 provides useful guidance on how sequence identity claims are assessed under the EPC, particularly in relation to added matter and sufficiency.
Claim interpretation at the EPO: Another Decision uses the description to broaden the claim scope
In this case, the Board of Appeal (BOA) considered the description to have a significant influence on claim interpretation, with the potential to both narrow and broaden the scope of the claims. This raises important questions on how description amendments may negatively affect claim interpretation post grant.
A Helping Hand: The USPTO Takes the Side of American Manufacturing
USPTO Director John Squires has recently introduced changes to the tests for institution of post-grant review and inter partes review by the USPTO’s PTAB.
A Precedential Decision by the US Court of Appeal Holds Engineered Host Cells to be Patent Eligible
The US Federal Circuit has reversed a Delaware district court’s finding of patent ineligibility, holding that REGENXBIO’s engineered host cell gene therapy claims are human made inventions, rather than simply a combination of products of nature.
US Supreme Court Agrees to Consider Induced Patent Infringement in the Context of “Skinny Labels”
The case of Hikma v. Amarin is the US Supreme Court’s first opportunity to directly address the carve-out provisions with respect to US law regarding inducement of patent infringement by “skinny label” products being used for patented medical indications.
UK Supreme Court decision – Emotional Perception AI Limited
Big news for UK patent eligibility: the Supreme Court has redrawn the approach to excluded subject matter. The effects will reach far beyond AI cases.
Where to Start? Somewhere Realistic or Promising, Says the EPO!
Another Board of Appeal decision has confirmed that, following G 1/23, a non-reproducible product can be the closest prior art, but adds the non-reproducible nature of the product should be taken into account when deciding whether the claimed solution is obvious.
Get in touch
Our team of UK and European Patent Attorneys and Chartered Trade Mark Attorneys are highly knowledgeable and experienced in assisting clients with all aspects of their IP needs.
Contact us now to find out more about how we could help you and your business.
