When out and about talking with scientists, I am often asked to explain the difference between freedom to operate (FTO) and patentability. The distinction between FTO and patentability is highly relevant to the field of biotechnology and understanding the difference is crucial. However, whilst the majority of “Intro to IP” talks begin with telling us…
The recent UK High Court decision in Samsung v Alexion [2025] EWHC 1240 (Pat) is a stark reminder that you can never be too careful with patent sequence data. Mr Justice Meade’s ruling in this case highlights that simple mistakes in the sequence information can be fatal for both the enforcement and validity of the claims. The case, relating…
In the latest decision of the CRISPR patent wars, the US Court of Appeal of the Federal Circuit delivered its long-awaited opinion in Regents v. Broad Institute (Nos. 22-1594, 22-1653) earlier this month. However, rather than providing a clear resolution to the dispute, the Federal Circuit vacated and remanded the case, extending the already protracted…
Author: Rose Hughes
Last week, I had the pleasure of participating in the 2025 C5 Annual Forum on Pharma & Biotech Patent Litigation in Europe, held in Amsterdam. The conference was a reminder (if ever one was needed) that patent law never stands still. There was a lot of food for thought from the various…
In the new AI-age, where Large Language Models (LLMs) like ChatGPT can generate sophisticated textual answers in seconds, the relevance of AI to the patent industry is an active area of debate. The recent EPO Board of Appeal in T 1193/23 specifically questioned the reliability of LLM-generated interpretations for technical terms within patent claims. Central to this case…
The complexities of patenting new uses for known medical substances were recently considered by the Düsseldorf Local Division in the UPC’s first decision on second medical use claims. The case of Sanofi v Amgen (UPC_CFI_505/2024) specifically addressed the novelty and infringement standards applicable to second medical use claims. The case is part of the long-running dispute between Sanofi and…
IP strategy for cell therapies presents unique challenges compared to traditional pharmaceuticals and biologics. Previous posts have highlighted the limitations of process patents in cell therapy and the need to think strategically about how best to protect the product from fast-follower competition. This post focusses on an even more fundamental challenge, that of the inherent…
In recent years, Novo Nordisk’s weight loss drug semaglutide, marketed as Wegovy for obesity and Ozempic for diabetes, has become a pharmaceutical phenomenon. As with most successful pharmaceutical products, the remarkable success of semaglutide means we can also expect some high profile IP disputes. In jurisdictions lacking provisions for patent term extension, semaglutide is expected to face generic challenge…
Evolve Intellectual Property is pleased to welcome Dr. Rose Hughes as our new Patent Attorney.
Rose joins us with an exceptional background and a wealth of experience gained from her time at AstraZeneca and previously in private practice. Her deep understanding of the pharmaceutical sector is a significant asset to our firm and, most importantly,…
In T 0589/22, the Board of Appeal revoked a patent for an in vitro diagnostic method on the basis that the claimed diagnostic effect was not rendered plausible. According to the Board of Appeal’s interpretation of the claims, none of the examples in the patent related to the population of subjects defined by the claims.…
OpenAI’s approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. However, it appears that this characterisation of OpenAI’s strategy is years out of date.…
AlphaFold, a machine learning model for predicting protein structure, is arguably one of the greatest achievements of AI so far. Whilst large language models such as ChatGPT can write poems and make pretty pictures, AlphaFold has the potential to dramatically impact the life-and-death world of drug discovery. AlphaFold represents truly ground-breaking science for which its…
