European Union: Patent

An intangible data stream, like a video bitstream, is a “product” under Art. 25(a) and 25(c) UPCA, allowing direct enforcement of encoding patents against streaming services. There is no relevant difference between data on a physical carrier and data transmitted over a network; the carrier has no technical significance for the data’s use. The bitstream is therefore a product under Art. 25(a) UPCA despite the absence of a data carrier (para. 174).

Many entrepreneurs search for how to patent a slogan, assuming a patent is the strongest protection available. The reality is simpler and more powerful: slogans can't be patented, but they can be trademarked.

Executing a Freedom-to-Operate (FTO) analysis is one of the highest-stakes, most stressful responsibilities an intellectual property team faces. A thorough clearance project is highly complex, requiring deep technical...