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Archives: Bulletins

February 11, 2026

A farewell to Aerotel and a welcome to the “intermediate step” – the Supreme Court weighs in on Emotional Perception

The UK Supreme Court has reshaped software patent assessment, moving away from Aerotel toward greater EPO harmonisation and confirming that an ANN is a “program for a computer.”

February 10, 2026

What constitutes individual character and when online marketplaces can be used as prior art

Two recent invalidity decisions show the risks of relying on online marketplace listings as prior art and demonstrate how design freedom shapes assessments of novelty and individual character.

February 5, 2026

EPO vs UPC: Inventive step

The UPC Court of Appeal has clarified its inventive step framework. We compare the UPC’s approach with the EPO’s Problem-Solution analysis, highlighting key similarities and differences.

February 4, 2026

LEGO A/S V. EUIPO – Round 2 – Who is the informed user?

An analysis of T-628/24, where the General Court upheld revocation of Lego’s EU design for a modified plate, questioning how informed users and subtle design differences are assessed in modular systems.

January 29, 2026

What’s in a name? Brooklyn Beckham and celebrity names as trade marks

The Brooklyn Beckham trade mark raises key questions about who controls a celebrity’s own name, the limits of the “own name” defence and the long-term risks of name-based trade mark registrations.

January 21, 2026

Trends in therapeutic innovation

We reflect on a year of life sciences innovation, highlighting Clarivate’s Drugs to Watch 2025, emerging therapy trends, AI-driven R&D and the evolving patent strategies shaping the sector.

January 16, 2026

Gürok Turizm ve Madencilik AŞ (‘Gürok’) vs Olav GmbH (‘Olav’) – a question of quantity versus quality?

The General Court overturned an EUIPO revocation, holding that proof of genuine use must be assessed holistically. It rejected excessive evidential burdens and confirmed sales via distributors can suffice.

January 7, 2026

Diverging decisions on inventive step: UPC revokes Sanofi’s Cabazitaxel second medical use patent maintained by EPO

An analysis of how the EPO Boards of Appeal and the UPC Munich Local Division assessed inventive step for Sanofi’s cabazitaxel patent and why they reached opposite outcomes in parallel proceedings

December 17, 2025

Dryrobe avoids “genericide” in High Court decision

A UK court confirmed Dryrobe’s trade marks remain valid, ruling that rival D-ROBE infringed them. The case highlights the need for brand owners to prevent their marks from becoming generic.

December 16, 2025

How The Grinch won Christmas: character merchandising and IP in Christmas adverts

With the Grinch leading major UK Christmas ads, brands are leveraging character merchandising and tight IP licensing to stand out in a £12bn festive advertising season.