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Intellectual Property

In today’s knowledge economy, your intellectual property plays a key role in obtaining a competitive advantage. A cohesive strategy, including both commercialisation and enforcement, will ensure you get maximum value from your IP. With specialist IP lawyers throughout Central and Eastern Europe (CEE), we have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies, often across the region or in several jurisdictions.

Leading multinationals look to CMS for an integrated, cross-border service to meet their global needs and/or deal with global trademark portfolios, as well as specialist advice and representation in individual countries. Working with CMS gives you invaluable access to knowledge of the CEE markets and regulators, both locally and regionally. We work together with you to find the best solutions for your business.

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 life sciences & healthcare, automotive, machinery, manufacturing, consumer products, financial services, and technology, media and communications. 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, CMS' dedicated contentious IP experts can guide you through the litigation process.

"CMS has specialists rather than generalists, which is a real advantage when it comes to complex matters that require expert advice and deep understanding of our business."

Chambers, 2023

The team provides strong partner-level expertise, fast cross-border reactions covering several countries, and a customer-centric viewpoint.

Chambers Europe, 2016
10/07/2019
Highlights of experience in Intellectual Property in Hungary
Microsoft Corporation: legal advice as a central hub in connection with copyright royalties payable within Europe after blank devices and restructuring advice for efficient copyright-levy management...

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02/12/2024
How to achieve a European Patent Office technical effect in mathematical...
More light is shed on how to achieve a European Patent Office technical effect in mathematical healthcare patents in a recent Board of Appeal case.A patent using maths on blood sample data survived opposition...
12/11/2024
AI in healthcare inventions - uncertainty relating to processing medical...
European Patent Office (EPO) Board of Appeal decision T 1741/22 has cast doubt on the circumstances of when a mathematical method may be considered to contribute to technical character in the processing...
07/11/2024
A clinical trial protocol as a pointer to the claimed crystalline form...
In recent decision T 1152/21, the Board of Appeal finds that a phase I and phase II clinical trial protocol provided a pointer to the claimed crystalline form of a compound, despite the lack of any trial...
09/08/2024
Antibody Appeals Uncovered
Since the first approval of Muromonab-CD3 in 1986, antibodies have become progressively more common, frequently reaching a ‘block­buster’ status. According to statistics provided by Statista in March...
19/07/2024
A healthy balance between novelty and sufficiency for a claimed therapeutic...
The question of novelty and sufficiency of second medical use claims in light of clinical trial prior art has been addressed by the EPO Boards of Appeal on a number of occasions. In recent decision T...
13/06/2024
What’s in a name? The use of a product code in a clinical trial protocol...
The use of product or sponsor codes in clinical trial related documents is common practice in the pharmaceutical space. However, such codes may not always be sufficient to disregard a publication as relevant...
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 Hungary
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 can be transferred...
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 (G...
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...