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Intellectual Property

CMS Adonnino Ascoli & Cavasola Scamoni prides itself to be a true partner to growing companies and enterprises, with the aim to most effectively leverage their intellectual assets. The strength of our team relies in the capacity of executing strategic intellectual property litigation, enforcing IP rights and defending against claims of infringement. The team can draw upon a strong team of professionals which have the experience and resources to provide our clients with the best available representation in intellectual property cases. We regularly litigate intellectual property issues in general including: patent, copyright, trade secret, and trademark litigation. Our intellectual property team aims to help our clients establish a competitive position for the future, and ultimately, provide them with value for their intellectual assets.


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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...
13/12/2023
Editoria e AI, sviluppi sulla tutela del diritto di autore e best practices...
Il 24 ottobre scorso si è riunita per la prima volta la c.d. “ Commissione algoritmi ”, istituita presso il Dipartimento per l’Informazione e l’Editoria della Presidenza del Consiglio dei...
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...