ARTICLE
9 February 2023

Annual Patent Review Paper 2022: A Slightly Slippery Slope

GW
Gowling WLG

Contributor

Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
It is with great pleasure that we share with you our annual review of UK patent judgments in 2022: 'A Slightly Slippery Slope'.
UK Intellectual Property
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It is with great pleasure that we share with you our annual review of UK patent judgments in 2022: 'A Slightly Slippery Slope'.

The paper comprehensively reviews the patent decisions of the courts of England and Wales, laced with comment and opinion on the big issues arising. In a busy year for patent case law, the judgments in 2022 developed some legal tests, consolidated others, and on some points put out reasoning that we think invites a fair bit of commentary.

Highlights include:

  • What is the 'inventive concept' and is it the same for all purposes?
  • Does the implied licence doctrine have a place in the assessment of indirect (s.60(2)) infringement?
  • The first Formstein defence
  • The territorial reach of the Patents Act – into the North Sea?
  • Should American Cyanamid remain the test for the award of injunctive relief in 2023?
  • Can an online take-down amount to a threat of infringement proceedings?
  • When will the court permit alternative service out of the jurisdiction?
  • Who is the "Judge of the Year" for 2022?

A recording of our 26 January 2023 presentation, also entitled A Slightly Slippery Slope, will be made available separately.

Read the original article on GowlingWLG.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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