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Articles

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AI in the patent industry: Don’t believe the hype. Believe the data.

  • 9th June 2026
Many in the IP profession remain considerably sceptical of AI. AI may be useful for checking for typos and simple calculations of deadlines, but it cannot replace in-depth human reasoning about complex scientific and legal issues. However, the data suggests something different.

Popper: The global patent prosecution AI for pharmaceutical IP

  • 9th June 2026
Popper is Evolve’s proprietary AI tool, built by our own pharma patent attorneys to navigate the complex intersection of life sciences, global patent law, and commercial strategy.

Sequence identities and functional definitions – where is the limit? (T 0137/24)

  • 2nd June 2026
Biotechnology patents often rely on defining protein and nucleic acid features by their sequence identity. However, it is often not necessary to define the exact sequence, but instead to define the sequence according to a limit of sequence identity, e.g. a sequence having a 90% sequence identity to a specified sequence.

Patenting stem cell therapies in the US: The role and risks of product-by-process claims (Restem v Jadi cell)

  • 21st May 2026
Patenting stem cell therapies in the US is a difficult business, especially if your cell therapy product is defined solely by natural surface cell markers and lacks any form of genetic modification.

Is AI software for IP just expensive wrapping paper?

  • 14th May 2026
At the last count, there were more than seventy companies offering AI-assisted IP software solutions. Most of these companies are less than two years old.

Are AI-generated materials legally privileged? United States v. Heppner

  • 13th May 2026
Legal privilege ensures that you can share sensitive information with your lawyers without fear of it being used against you in court. This protection is critical in all fields of law. In patent law, without the assurance of secrecy, the ability of a patentee or a defendant to receive candid advice would be severely diminished.…

The future of the patent profession: Are we looking into an AI abyss?

  • 8th May 2026
AI presents a huge dilemma for patent attorneys. There is no doubt that AI will have a dramatic impact on the profession and the business model that many firms have relied on for decades.

BREAKING: Imminent new referral to the EBA on the relevance of G1/24 to added matter

  • 6th May 2026
The Board of Appeal in T 873/24 has decided to refer questions to the Enlarged Board of Appeal (EBA) on the application of G1/24 (claim interpretation) to the assessment of added matter.

Use of AI in the patent industry: Are you behind the wheel or waiting for the bus?

  • 1st May 2026
It took a global pandemic to move some patent firms away from paper files. Today, it seems that patent attorneys are finally entering modernity with the growing adoption in the industry of automation tools for patent drafting and prosecution case management. Interestingly, much of this is being sold and promoted as “AI”, despite much of…

Description amendments can extend protection (T 439/22)

  • 3rd April 2026
The comments space for the last IPKat article on claim interpretation/description amendments appears to have maxed out. Sorry everyone, but maybe it’s for the best. However, fear not, we now have a new decision to restart the debate!

A new way to define T cells and what it means for cell therapy IP

  • 27th March 2026
A primary objective of a pharmaceutical patent is to provide robust protection for the drug product itself. Defining a cell therapy product represents a challenge in this respect, given their inherent complexity, heterogeneity and instability.

Veterinary versus human use under Article 3(d): CJEU asked to revisit Santen

  • 20th March 2026
The world of Supplementary Protection Certificates (SPC) has yet another referral to the CJEU on Article 3(d). The German Federal Patent Court (BPatG) asks if the strict interpretation of Article 3(d) established by CJEU in Santen applies when the earlier marketing authorisation relates to a human medicine but the SPC is sought for a veterinary…
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