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Intellectual Property

In the current economic climate, intangible assets are of significant value to companies. Said assets, essential for generating competitive advantage and avoiding the loss of opportunity, are becoming increasingly threatened by risks. Receiving sound advice on industrial and intellectual property matters provides the key to effectively protecting brands, patents, designs, copyrights and know-how.

The CMS team comprises more than 400 specialist lawyers located in 44 countries. Thanks to our vast experience advising on intellectual and industrial property matters, we are able to understand business needs and provide a strategy aligned to each client’s sector, helping them to achieve their creative and commercial goals.

We advise companies throughout the digital economy value chain, from content firms to those which offer or require connectivity and technology services, as well as publishers and audiovisual and visual arts companies. We also benefit from vast experience in related areas such as advertising, unfair competition and the protection of honour, privacy and personal image.

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25/03/2024
Patentability of inventions relating to diagnostic methods at the EPO
Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent...
18/01/2024
EP Case Law in Brief: Commercial success and inventive step
“Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided...
21/11/2023
EP Case Law in Brief: Proof of common general knowledge
It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’...
07/11/2023
Description amendments at the EPO – the Appellant agrees with the need...
Description amendments bringing the content of the description in line with the allowed claims remain a controversial topic in the European practice. As reported previously, the Board of Appeal in T0056/21...
06/10/2023
The European Patent Office (EPO) ‘10-day rule’
By the Decision of the Administrative Council of 13 October 2022, a number of Rules of the Implementing Regulations to the European Patent Convention have been amended. These include Rule 126 (Notification...
28/09/2023
EP Case Law in Brief: Erroneous Disclosures
“Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and...
15/08/2023
AI in healthcare inventions – technical or not technical?
SummaryRecent European Patent Office (EPO) Board of Appeal case T 1910/20 sits among a number of decisions regarding the discussion of what constitutes technical character in the field of healthcare...
28/07/2023
Description amendments at the EPO – uncertainty for not (too) much longer?...
Amending the description to conform with the claims remains a challenging element of European patent practice, particularly in view of the divergent case law in the subject, and varied approaches taken...
31/05/2023
UPC – the “Long-arm” jurisdiction
UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC...
06/04/2023
G1/22 and G2/22 – Preliminary opinion of the Enlarged Board of Appeal
On 21 March 2023 the Enlarged Board of Appeal (EBA) issued a preliminary opinion in consolidated cases G1/22 and G2/22 (“pri­or­ity”), which provides some initial insight into the possible outcome of...
31/03/2023
Armchair inventions part 3: Decision on plausibility at the EPO (G2/21)
The issue of plausibility was previously referred to the Enlarged Board of Appeal (EBA), the highest judicial authority at the European Patent Office (EPO). Our article on the referral can be found here...
28/03/2023
European Parliament and Council ready to start negotiations on EU Data...
In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the...