The GLOBAL REACH, LOCAL KNOWLEDGE www.patentlawyermagazine.com January / February 2021 Approaches to patenting alloys before the Russian and the Eurasian patent offices DLE ID EA M S T Law firm RANKINGS A N D A A F R I C Anatoly Nistuk and Mikhail Samsonov, of Gorodissky & Partners, examine the patenting of alloys through history and give an evaluation of both the RUPTO and the EAPO approach to patenting. Pharmaceutical Ben Hoopes, HP Women patent Page 20 in IP litigation Leadership Page 15 Page 35 S TURING FEA LAWYER THE LIFE SCIENCEPG 45 IPC Renew - Preparing for Launch 2 - 240x340.pdf 3 23/06/2019 12:07:44 EDITOR’S WELCOME The AL KNOWLEDGE GLOBALGLOBAL REACH,REACH, LOCALLOC KNOWLEDGE January / February 2021 www.patentlawyermagazine.com Approaches to patenting alloys before the Russian and the Eurasian patent offices Editor’s LE DD EA I S M T Law firm RANKINGS A N D A A F R I C welcome Anatoly Nistuk and Mikhail Samsonov, of Gorodissky & Partners, examine the patenting of alloys through history and give an evaluation of both the RUPTO and the EAPO approach to patenting. Ben Hoopes, HP Women in IP Pharmaceutical Page 20 Leadership patent Page 35 hat features should define the patentability of a solution? litigation Page 15 A question Gorodissky & Partners experts examine in FEATURING LAWYER THE LIFE SCIENCESPG 45 23/02/2021 11:56 relation to alloys in our cover story this issue, with close dd 1 W examination of the treatment of alloys through time and what is THE PATENT LAWYER needed to successfully patent an alloy at both the RUPTO and EAPO. Issue 52 This issue also sees an interesting introduction to patent litigation has cleared the tower with examples from recent Chinese pharmaceutical cases, including a Editor case concerning chronic obstructive pulmonary disease. Tang Xiaofeng, Faye Waters “Continually push further and without being limited by convention, [email protected] Beijing Geach, offers advice on to prove that the ‘truly special’ can be done, regardless of whether it re-examination and non-obviousness Publishing Director is absolutely necessary to do so. Without a drive towards such based on personal experience. C Chris Dooley things, the world would solely be functional.” [email protected] From here we meet Benjamin M We meet Advertising Enquiries Hoopes, HP’s Patent Counsel, for an Y The imminent launch of IPC Renew, by IP Centrum, marks the final “ Benjamin CM few weeks of the renewals industry as we’ve all known it to date. Katie Kerr (Publishing Executive) interview in which we discuss his [email protected] MY Hoopes, management of the Inkjet Print Head After five years of the most intense service development Subscription Enquiries CY portfolio, the qualities he looks for in programme imaginable, we are proud to finally introduce to the [email protected] HP’s Patent CMY his outside counsel, and his vision for world’s greatest IP formalities professionals, the future of renewals. Accounts Enquiries K the development of 3D printing. [email protected] Counsel. We would like to give special thanks Published by: to Dumont for their sponsorship of this CTC Legal Media Ltd, 23 Hedgers Way, Kingsnorth, issues Women in IP Leadership Follow the launch: @ipcentrum Ashford, Kent TN23 3GN segment. The interviews” in this issue discuss the importance of Tel: +44 (0)20 7112 8862 mentoring with Rachael Lodge of Foga Daley, and the exacerbated Sign up for early access: www.ipcentrum.com/renewals Fax: +44 (0)20 7084 0365 effects COVID-19 has had on the challenges women face with Design and Repro by: Karen Taylor of Anaqua. Design and Printing Solutions Ltd This plus The Life Sciences Lawyer, including articles on telemedicine, Unit 45C, Joseph Wilson Industrial Estate, Whitstable, Kent CT5 3PS health data and AI. Printed by: What developments do you think will be fundamental for IP in 2021? Pureprint Group, Crowson House, Get in touch and let us know. Bolton Close, Bellbrook Park, Uckfield, I hope you enjoy the issue. East Sussex TN22 1PH Whilst every effort has been made to ensure that the information contained in this journal is correct, neither the editor, contributors or CTC Legal Media can accept any responsibility for any errors or omissions or for any consequences resulting therefrom. © CTC Legal Media 2020, and contributors. The Faye Waters, Editor contents of this journal are protected under the copyright law of the United Kingdom, the Berne LAUNCH SEQUENCE Convention and the Universal Copyright Convention. Any unauthorised copying of the journal may be in START UP MIGRATION TEST OK PINST 1 P2 PARTNER ONBOARDING CINST 1 CAUTO 1 P2 CLIENT ONBOARDING EPV MIGRATION breach of both civil and criminal law. Infringers will Mission statement be prosecuted. The Patent Lawyer educates and informs professionals working in the industry by PROD ENV P1 PARTNER ONBOARDING PAUTO 1 G2 PR SEPARATION P1 CLIENT ONBOARDING G2 CR SEPARATION G2 SHUT DOWN ISSN 2051-3690 disseminating and expanding knowledge globally. It features articles written by people 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 Editor's welcome_TPL52_v1_ONLINE.indd 3 26/02/2021 08:51 CONTENTS January / February 2021 The 24 Life Sciences Contents Lawyer 46 Meet the Editorial Board Meet our Editorial Board members who help 6 Meet the Editorial Board determine the direction of this magazine. Meet our Editorial Board members who help 20 determine the direction of this magazine. 47 Editor’s Welcome 9 Cover Story: 48 Cover Story: Approaches to patenting A Portuguese and alloys before the European perspective Russian and the on telemedicine and Eurasian patent offices e-health Anatoly Nistuk and Mikhail Samsonov, of Gorodissky Ricardo Costa Macedo and Diana Mâncio da & Partners, examine the patenting of alloys through Costa, of Caiado Guerreiro, Sociedade de history and give an evaluation of both the RUPTO and Advogados, discuss the needed reinvention the EAPO approach to patenting. of medical care and how it is redefining the relationship between healthcare services 15 Introduction to and providers and patients. comment on typical 20 An interview with HP’s 52 Health data in the UK: Chinese pharmaceutical Patent Counsel, What’s next for 2021? patent litigation case Benjamin Hoopes Jaspreet Takhar, Senior Associate at Tang Xiaofeng, Patent Attorney of Beijing Geach Baker McKenzie, suggests what Brexit and Benjamin Hoopes talks with The Patent Lawyer’s 24 IP strategy: what to Intellectual Property Law Office, gives an overview NHS information governance will mean Editor, Faye Waters, about his experience in the of recent rulings concerning reexamination decision consider when for data transfers, sharing, and use in 2021. and non-obviousness with comment based on IP field, his work as patent counsel, and the collaborating personal experience. technologies of the future. Christian Wende, Partner at DTS, provides 55 The use of Artificial a concise list of strategies that, in his experience, Intelligence in life lead to successful practice. sciences and the 9 protection of IP rights 29 Rankings: Janett Lumbreras, Senior Associate, Uhthoff, Middle East & Africa Gomez Vega & Uhthoff S.C, discusses types Ten of the best law firms from each of the top of protection available for protecting AI Middle East & Africa jurisdictions, including Egypt, innovations in the field with an explanation Nigeria and UAE. and a for and against approach. 60 Functional claiming in 35 Women in IP life science inventions Leadership: in India An interview: inspirations, Manisha Singh & Pradeep Kumar Kamal, of experiences, and ideas LexOrbis, look to the USPTO, EPC, and EPO for equality. for examples and guidelines of the use of Featuring: Rachael Lodge: functional claiming to offer guidance for its Associate, Foga Daley & use in Indi where the practice is still unsettled. Karen Taylor: General Manager Asia Paci c, Anaqua. Sponsored by Dumont 65 Directory of services An A to Z list of the international law firms who provide IP related services. 4 THE PATENT LAWYER CTC Legal Media CTC Legal Media THE PATENT LAWYER 5 Contents_TPL52_v1.indd 4 23/02/2021 13:22 Contents_TPL52_v2.indd 5 25/02/2021 11:59 MEET THE EDITORIAL BOARD Ken Adamo – IP Attorney USA Simon de Banke – Founder & CEO, Ken has extensive trial experience as lead IP Centrum counsel before state and federal courts and the Simon de Banke is founder and CEO of the US International Trade Commission. high-tech-focused IP Services disruptor IP Centrum. Dr Saiful Khan – Potter Clarkson Enrique A. Diaz – Goodrich Riquelme Saiful is a Partner and Board Member at Potter Enrique is head of the Industrial and Intellectual Clarkson who practises in both the Electronics Property Department. He currently manages the & Computing Group and the Design & prosecution of over 3500 trademarks and more Engineering Group. than 1000 patents per year. Osamu Yamamoto – Yuasa & Hara, Japan Mark Durrant – Director of Marketing and Osamu Yamamoto is a patent attorney, Communications, Marconi Group and a managing partner of Yuasa and Hara. Mark spent thirteen years at Nokia, most He specializes in patents in the fields of recently as Director of Communications for Nokia biotechnology & pharmaceuticals. Technologies, He is now Director of Marketing and Communications at Marconi Group. Pravin Anand – Anand & Anand, India Eric Su – HongFangLaw, China Pravin Anand, managing partner of Anand Eric Su is founding partner at HongFangLaw and Anand, is an advocate and a patent and and studied law at the East China University of trademark attorney.