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Intellectual Property

In today’s knowledge economy, a large part of the value of your business is based on intangible assets and goodwill. Your intellectual property plays a key role in obtaining a competitive advantage. A cohesive IP strategy, including both commercialisation and enforcement, will ensure you get maximum value from your portfolio. With 150 specialist lawyers in 33 countries, we understand your business needs and have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies. This industry-specific approach can help you realise your commercial goals.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. We focus on key sectors relevant to you such as lifesciences, automotive, machinery, manufacturing, consumer products, financial services and TMC. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, we can guide you through the litigation process.

Winner of the 2019 Trends Legal Award for “Best law firm in IP, IT & TMT”

 

"CMS has always been very responsive to our needs even if the timing is rather short."

Feedback from a client about the department, Chambers Europe, 2024

"The lawyers were very proactive in understanding the needs of their client."

Feedback from a client about the department, Chambers Europe, 2024

"The team always provides a pragmatic approach to find the best solution for the case."

Feedback from a client about the department, Chambers Europe, 2024

"CMS has not only a very good technical ability to handle all the aspects of a case, but also excellent sensitivity to the conditions surrounding the case."

Feedback from a client about the department, Chambers Europe, 2024

"CMS listens to the client and understands what is important for us. The team takes into account the specificities of the client and the urgency of the topic."

Feedback from a client about the department, Chambers Europe, 2024

"Highly competent team with a strong knowledge in IP. Solution-oriented and great at navigating and guiding clients through complex pan-European litigation."

Feedback from a client about the department - Legal 500, 2024

"CMS takes into account the particularities of the client and understands what is important for the client."

Intellectual Property client - Chambers Europe, 2023

"The lawyers we worked with at CMS seem very well organised and have a hands-on approach, and are clear and proactive in communication."

Intellectual Property client - Chambers Europe, 2023

"Highly responsive team with the focus to maintain and emphasise the main line of argument in complex litigation matters."

Feedback from a client about the department - Legal 500, 2023

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16/05/2024
A broader interpretation of "substance or composition" - good news for...
A recent decision from the EPO Boards of Appeal (T 1252/20) potentially paves the way for more diverse products to be patentable in Europe using the medical use claim format.The back­ground:Art­icle 53(c)...
06/05/2024
Transfer of IP rights in Belgium
Pat­ents: As­sign­ment 1. How may a patent be assigned (by law and/or transaction) and is it required to record the assignment in the national patent register to become effective?  A patent may be assigned...
Comparable
11/04/2024
Navigating clinical trial disclosures: No reasonable expectation of success...
Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial...
03/04/2024
EP Case Law in Brief: Long-felt want and inventive step
“Where the invention solves a technical problem which workers in the art have been attempting to solve for a long time, or otherwise fulfils a long-felt need, this may be regarded as an indication of...
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...
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...