Front cover_TPL47_v7:Layout 1 22/4/20 09:49 Page 1 The March / April 2020 PatentGLOBAL REACH, LOCAL KNOWLEDGE Lawyer www.patentlawyermagazine.com COVID-19 – patents and vaccinations ERIC M AS A & Law firm RANKINGS Munir A. Suboh and Felicity Hammond of BSA C A R Ahmad Bin Hezeem & Associates LLP examine the I B B E A N IP issues raised by any potential vaccine for the Coronavirus Parallel AI Reform petitions tools in Chile Page 30 Page 55 Page 59 CTC Legal Media Editor’s welcome_print_v1_TPL47:Layout 1 22/4/20 09:51 Page 3 EDITOR’S WELCOME Front cover_TPL47_v7:Lay March / April 2020 The CAL KNOWLEDGE GLOBAL REACH, LO Patentzine.com Lawyer www.patentlawyermaga COVID-19 – patents and vaccinations Editor’s RICA ME S A & Law firm RANKINGS welcome C A R N Munir A. Suboh and Felicity Hammond of BSA I B B E A Ahmad Bin Hezeem & Associates LLP examine the IP issues raised by any potential vaccine for the Coronavirus nder normal circumstances, the fact that this issue of The Patent Reform AI Lawyer features three articles discussing the most topical Parallel in Chile tools Page 59 petitions Page 55 Page 30 CTC Legal Media Usubject of the hour would be something to shout about. Alas, these are not normal circumstances, and so it is with decidedly mixed THE PATENT LAWYER feelings that I present something of a Coronavirus-themed issue. Issue 47 Dr Richard Fawcett, Senior Associate at Powell Gilbert, looks at the IP implications of the UK government’s call for industry to produce has cleared the tower Editor Matt Seex ventilators for COVID-19 patients. As manufacturers scramble to make “Continually push further and without being limited by convention, [email protected] these machines, the usual product safety to prove that the ‘truly special’ can be done, regardless of whether it Publishing Director and regulatory issues still need to be is absolutely necessary to do so. Without a drive towards such Chris Dooley considered, but, asks Richard, will IP rights [email protected] things, the world would solely be functional.” The big hope, present an additional stumbling block? Advertising Enquiries “ The big hope, of course, is that a Katie Kerr (Publishing Executive) of course, The imminent launch of IPC Renew, by IP Centrum, marks the final COVID-19 vaccine will be forthcoming. few weeks of the renewals industry as we’ve all known it to date. [email protected] Dael Carter (Publishing Executive) is that a Any such drug will inevitably face issues [email protected] After five years of the most intense service development COVID-19 relating to patent protection, and the programme imaginable, we are proud to finally introduce to the Faye Waters (Publishing Executive) likely nature of these issues is discussed [email protected] vaccine will be world’s greatest IP formalities professionals, the future of renewals. by Munir A. Suboh and Felicity Hammond Subscription Enquiries of BSA Ahmad Bin Hezeem & Associates. [email protected] forthcoming. Accounts Enquiries Finally, we turn to Minesoft’s Sabelo [email protected] Moyo and Elizabeth Lam, who show us Published by: how, by crunching the patent data, we Follow the launch: @ipcentrum CTC Legal Media Ltd, can extract meaningful and actionable insights into the virus. 23 Hedgers Way, Kingsnorth, ” Sign up for early access: www.ipcentrum.com/renewals Ashford, Kent TN23 3GN Eleven more articles round out this issue, on a variety of topics, from Tel: +44 (0)20 7112 8862 contributors from as far afield as Japan, Chile, Russia, Poland, India, Fax: +44 (0)20 7084 0365 Sweden, and Dubai. Plenty to read, then, if, like us here at CTC Legal Design and Repro by: Media, you find yourself adjusting to life working at home, or under Design and Printing Solutions Ltd Unit 45C, Joseph Wilson Industrial similarly changed and uncertain circumstances. Estate, Whitstable, Kent CT5 3PS We sincerely wish you all the best of health. Printed by: Pureprint Group, Crowson House, Bolton Close, Bellbrook Park, Uckfield, East Sussex TN22 1PH Whilst every effort has been made to ensure that the information contained in this journal is correct, neither Matt Seex the editor, contributors or CTC Legal Media can Editor accept any responsibility for any errors or omissions or for any consequences resulting therefrom. © CTC Legal Media 2020, and contributors. The contents of this journal are protected under the LAUNCH SEQUENCE copyright law of the United Kingdom, the Berne Convention and the Universal Copyright Convention. Mission statement START UPP MIGMIGRATION TESTTES OK PINST 1 P2 PARTNER ONBOARDING CINST 1 CAUTO 1 P2 CLIENT ONBOARDING EPV MIGRATION Any unauthorised copying of the journal may be in The Patent Lawyer educates and informs professionals working in the industry by PPROD ENV P1P PARTNER ONBOO ARDING PAUTOTO 1 G2 PR SEPARATION P1 CLIENT ONBOARDING G2 CR SEPARATION G2 SHUT DOWN breach of both civil and criminal law. Infringers will be prosecuted. disseminating and expanding knowledge globally. It features articles written by people ISSN 2051-3682 at the top of their fields of expertise, which contain not just the facts but analysis and opinion. Important judgments are examined in case studies and topical issues are reviewed in longer feature articles. All of this and the top news stories are brought to [email protected] CTC Legal Media your desk via the printed magazine or the website www.patentlawyermagazine.com +44 (0) 207 186 1800 www.ipcentrum.com CTC Legal Media THE PATENT LAWYER 3 IP Centrum.indd 1 24/06/2019 15:10 Contents_TPL47_v3:Layout 1 22/4/20 09:48 Page 4 Contents_TPL47_v3:Layout 1 22/4/20 09:48 Page 5 CONTENTS ContentsMarch / April 2020 6 Meet the Editorial Board Meet our Editorial Board members who help determine the direction of this magazine. 7 News Experts react to “unconstitutional” Unified Patent Court, EPO Patent Index 2019 Annual Report shows that AI is driving growth, and a financial heart attack for drug-firm Amarin. 23 Long-awaited legal changes for Computer Implemented Inventions 10 COVER STORY The role of 59 patents in COVID-19 in Poland Weronika Witkowska, European and Polish Patent Munir A. Suboh and Felicity Hammond of BSA Ahmad Bin Hezeem & Associates LLP examine the Attorney at Patpol, looks at recent efforts to bring 38 Complex protection of IP 50 Comparing patent validity intellectual property issues raised by any potential Polish patent protection for CII in line with other rights to plant varieties in standards in invalidation vaccine for the COVID-19 virus. jurisdictions. Russia and Ukraine actions at the EPO and JPO Maksym Bocharov, Patent and Trademark attorney, Dr. Yoshitaka Sonoda and Alison Santino of Sonoda & 14 IP Law in the time of 27 Biting off more than you and Oksana Karpenko, Russian and Eurasian Patent Kobayashi Intellectual Property Law discuss Attorney at Gorodissky and Partners, discuss the plant contrasting approaches to invalidation actions. Coronavirus – the UK can chew! patent landscape in the two neighboring countries. government’s call for The lure of broad claims may be tempting, but 55 How AI tools will change 42 Outsourcing of IP industry to produce DPS Parmar, Special Counsel at LexOrbis, explains patent practice ventilators for treatment why broad construction might not be the best option. administration – what, Dennemeyer’s Steven M. Shape looks at the role that of COVID-19 patients when, and how? AI technologies can play in patents, and how they can 30 PTAB discretionary Janne Bohm of the IP Station management group support and enhance the work of patent professionals. As the UK manufacturing industry responds to the explains the range of benefits offered by outsourced government’s call for intensive care ventilator institution and parallel IP administration. 59 Chilean IP undergoes production, engineers up and down the country are petitions grappling with issues such as what designs to use, 46 Looking at EU priority in some much-needed and how to source components to meet the David L. McCombs, Theo Foster, Eugene Goryunov, patent law revision challenge of providing over 30,000 working devices in Gregory Huh, Jonathan Bowser, and Calmann ARIPO patent applications Mauro Dellafiori Albala and Daniel de Santiago only a few weeks. Product safety issues will be at the Vítor Sérgio Moreira of Inventa International examines Clements of Haynes and Boone, LLP look at the Villagrán of Dellafiori examine welcome changes fore and clearly there will be regulatory issues to the growing trend in EU priority claims in ARIPO to IP law in Chile. consider. But, asks Dr Richard Fawcett, Senior Patent Trial and Appeal Board’s discretion to deny patent applications and look at which sectors those Associate at Powell Gilbert LLP, will intellectual parallel petitions for an inter partes review trial. applications are most likely to originate from. property rights present an additional stumbling block? 62 Rankings: Americas & 35 Defending the interests Caribbean 18 What do patents reveal Ten of the best law firms from each of the top about Coronavirus? of the Southern Kuzbass American jurisdictions, including Canada, Mexico, and the United States. Minesoft’s Sabelo Moyo and Elizabeth Lam show Coal Company how patent data can be interrogated in PatBase and Roman Larshin of Zuykov and partners discusses PatBase Analytics V3 to extract meaningful and 67 Directory of services a recent patent action in which his firm played actionable insights. An A to Z list of the international law firms who a crucial part. 50 provide IP related services. 4 THE PATENT LAWYER CTC Legal Media CTC Legal Media THE PATENT LAWYER 5 Editorial Board_TPL47_v2:Layout 1 22/4/20 09:51 Page 6 TPL issue 47 news_v2:Layout 1 22/4/20 09:52 Page 7 MEET THE EDITORIAL BOARD NEWS Ken Adamo – IP Attorney USA Daniela Ampollini – Trevisian & Cuonzo, Ken has extensive trial experience as lead Italy counsel before state and federal courts and the Daniela is a partner of Trevisan & Cuonzo.