The Boards of Appeal are the EPO’s independent judicial body and act as the first and final judicial instance in EPO proceedings. They review decisions made by the Receiving Section, Legal Division, Examining Division, and Opposition Division within the framework of the EPC. Read more
This EPO session landed on a simple truth with real drafting consequences: you don’t win European protection for software and AI by proving the math is elegant, you win by proving that the part you’re proudest of produces a technical effect that solves a technical problem. That through-line, familiar to veterans of the COMVIK approach, wasn’t presented as abstract doctrine but as a practical, repeatable recipe for getting AI and software claims across the line at the EPO. Read more
Gerry Van Dooren's core message was both straightforward and stringent: success or failure of an application at the EPO hinges upon clarity, technical effect, and adherence to added-matter principles. He elucidated the foundational rules governing examination, highlighted points of divergence between U.S. and EP practices, and concluded by providing practical checklists for immediate application by drafters. Read more
Cameo has filed a trademark infringement lawsuit against OpenAI in the Northern District of California. Cameo alleges that OpenAI’s Sora app launched a new feature, also called “Cameo,” that allows users to create and share realistic AI-generated likenesses of themselves and celebrities in personalized videos. Read more
October truly was a jam-packed month for Section offerings and events, which I hope many of you were able to attend. If not, please visit our online catalog to absorb incredible insights from EPO and US Trademark Office practitioners, examiners, and judges, and to summon general knowledge about IP litigation in Europe and IP rights in the African region. Read more
The U.S. Patent and Trademark Office (USPTO) issued a Memorandum announcing that, effective October 20, 2025, the Director will determine whether to institute trial of inter partes review and post-grant review proceedings as provided in the America Invents Act. Read more
After a mistrial in July 2025, the U.S. District Court for the Northern District of California issued a Rule 52 order on September 30, 2025, regarding Genentech, Inc. v. Biogen MA, Inc. Read more