News

Early interpretation of G1/25 by the EPO Boards of Appeal suggests a softening of the EPO’s stance on description amendments

The Enlarged Board of Appeal of the European Patent Office (EPO) recently issued its decision in G 1/25 (“Hydroponics”) relating to the circumstances in which claim amendments necessitate adaptation of the description. In their decision, the Enlarged Board concluded that adaptation of the description is necessitated only when an inconsistency between the claims and the description results in non-compliance with the requirements of the European Patent Convention (EPC).

VDPP v Volkswagen: Federal Circuit highlights the importance of licensee compliance with US patent marking requirements

The United States Court of Appeals for the Federal Circuit (CAFC) recently issued a decision in VDPP, LLC v. Volkswagen Group of America, Inc., No. 2024-2226, affirming the dismissal of a patent infringement complaint because the patentee failed to plead that its licensees had complied with the patent marking statute, 35 U.S.C. § 287(a). This decision highlights that patent marking compliance is mandatory, even for licensees which are brought about through settlement agreements.

Timing Patent Filings for Maximum Impact in Drug Discovery

In the pharmaceutical sector, timing is everything, especially when it comes to patent filing. For startups, navigating the complex and high stakes world of drug discovery, knowing when to file a patent can be just as critical as knowing what to file. Poorly timed filings can undermine the strength, scope, and commercial value of a patent, potentially jeopardizing the startup’s competitive edge and investment potential.

Strengthening your intellectual property (IP) position ahead of investment

For many drug discovery startups, intellectual property (IP) is one of the company’s most important assets. Patents, know-how, data, and other forms of IP can support fundraising activities, attract strategic partners, and underpin future commercial growth. As companies progress towards investment, their IP position comes under increased scrutiny. Investors and their advisers may examine not only the IP assets held by the company, but also the extent to which those IP assets support the business’s products, technology and long-term objectives.

High Court Orders Samsung to Pay $11.6 Million to Swatch Group in Digital Trade Mark Case

Connect with Secerna at BioForward 2026

Meet Secerna Senior Associate, Dr Huw Jenkins, who is attending the BioForward 2026 in Harwell on Tuesday 29 September 2026. 

Eco-Marks on Notice: An Operational Checklist for EU Trade Mark Compliance

EPO Enlarged Board clarifies when patent descriptions must be adapted following claim amendments

The Enlarged Board of Appeal of the European Patent Office (EPO) has issued its decision in G 1/25 (“Hydroponics”), concerning when the description of a European patent or patent application must be adapted following an amendment to the claims.

Unified Patent Court (UPC) Opt-Outs: Why Timing Matters

A recent order from the Central Division’s main Paris seat of the Unified Patent Court (UPC) held that proceedings could validly be brought before the court in relation to European patent applications prior to grant.