Essential or not? A European commission’s working group sets the track for an increased transparency on patent essentiality for smoother and timelier SEP license negotiations

Out of the approximately 300,000 patents declared to ETSI as potentially "essential" to a standard, how many are actually essential?

27 May 2021

What is Europe doing about anti-suit injunctions issued by Chinese courts?

On 7 April the European Parliament submitted two questions to the European Commission relating to anti-suit injunctions (“ASIs”) issued by Chinese courts in cases involving standard essential patents (“SEPs”). They read as follows:

12 May 2021

EPO clarifies application of ‘computer program’ patentability exception to claims relating to computer simulations

Chris de Mauny considers the EPO’s Enlarged Board of Appeal decision in G 1/19 (SIMULATIONS). The Board implicitly endorsed the existing COMVIK approach for computer-implemented inventions and made clear that the same approach applies to simulations, ...

12 March 2021

Submarines, donkeys and French hostages

Richard Vary explains why Wuhan has become a destination jurisdiction of anti-suit injunctions and looks at the challenges that implementers face.

04 March 2021

Patents: patentability of plants and animals obtained by biological processes

The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has held that plants, plant material and animals will be excluded from patentability if the claimed product is exclusively obtained by means of an essentially biological process or if the ...

30 June 2020