IP Insights: Proportionality considerations in IP

Since AI-related inventions are more complex than regular CI inventions, more aspects have to be addressed and described in a corresponding invention disclosure report. What should you bear in mind regarding terminology? Why is a differentiation between the training phase and the trained model important? And which role does training data play? Listen to our latest episode, in which our patent attorney Patrick Heckeler answers these and more questions.

One of the first decisions of the UPC was rendered by the Local Division of Duesseldorf on June 22, 2023, granting a preliminary injunction to Swiss pedelec manufacturer myStromer. In our latest episode, our attorney-at-law Dr. Michael Kobler will share the key takeaways from this decision: How quickly does the UPC grant PIs? What is the relevance of protective letters?

The development of the UPC is very exciting and still in its early stages. However, certain trends already seem to be robust. So, we have answers to these questions: How does the international panel of judges work? What should you prepare for the audio recorded oral hearings? Listen to our latest episode, in which our attorney-at-law Prof. Dr. Tilman Müller-Stoy shares our first-hand experience at the UPC.

The recent decisions G1/22 and G2/22 of the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) will be a game-changer, particularly in opposition proceedings. Which consequences will the "rebuttable presumption" of entitlement to priority have? What will change for applicants? What will opponents have to take into account from now on? In this episode, our Patent Attorneys Georg Anetsberger, Dr. Anetsberger and Dr. Niels Malkomes discuss these and other questions regarding the entitlement to priority under the European Patent Convention.

It is a common scenario that a European patent application claims priority of an application that was first been filed in the Unites States. ❓Which aspects to bear in mind when drafting a U.S. application that might later be prosecuted in Europe? 💡In this episoce, our patent attorney Dr. Patrick Heckeler has tips based on his vast experience.

As collaborations between different companies are increasingly common, the number of joint inventions increases as well. However, a number of legal issues and questions arise when an invention is made by more than one company. Who is allowed to use the invention? What about compensation for co-owners? What can be stipulated between the co-owners and what is the current stance of German statutory and case law? In this episode, our attorneys-at-law Dr. Jan Bösing and Dr. Volkmar Henke discuss these and other questions regarding joint inventions and give you tips on how to navigate such a situation.

With the start of the UPC, the file wrapper estoppel became highly relevant, because some UPC member states do recognize the file wrapper estoppel in their legal systems, while others do not. What exactly is the file wrapper estoppel? For which cases is it most relevant? How do the different countries of the Unified Patent Court handle the file wrapper estoppel? In this episode, our attorneys-at-law Julia Bernatska and Dr. Tilman Müller answer these and other questions for you.

Patent rights are territorial, i.e., they only apply in the countries where you've obtained legal protection. How to choose the right countries for patent protection? In our latest episode patent attorney Preston Richard, LL.M. explains how to factor in your overall business strategy, market research, and IP enforcement mechanisms of national systems.

AI such as Dall-E or ChatGPT has quickly become part of the every-day lives of many of us. Are AI-based creations eligible for copyright protection? Which stance does European and U.S. copyright law take in this context? Which role do definitions and instructions play? In our latest episode, our attorneys-at-law Dr. Philipe Kutschke and Dr. Jan Lersch answer these and other questions for you.

Alternative dispute resolution (ADR) is gaining momentum and has become a hot topic in the patent field. Which advantages does it offer as compared to traditional court proceedings? What should you bear in mind when conducting mediation or arbitration? In our latest episode, our attorney-at-law Pascal Böhner discusses these questions and gives tips regarding ADR.