Life Sciences

Once your IP is protected, it is essential that any third party use without your consent is identified and addressed. While there are many routes to resolution of IP disputes, litigation is an option that must be taken in certain circumstances.

Our Patent and Trade Mark Attorney teams have a wealth of experience in High Court and Intellectual Property Enterprise Court litigation and act on behalf of our clients to ensure their rights are protected. 

Our attorneys have Litigator Certificates which expand the options available to clients when the potential for litigation arises. We also have strong ties with IP litigators in territories worldwide, should infringement of your IP occur outside of the UK, so you can rest assured that with WP Thompson, your intellectual property interests are covered. 

If you've had an idea and want to turn it into a commercial asset by patenting it, our team of UK and European patent attorneys are here to help you, whatever the technology. Patents provide protection for technical innovation in products, processes, materials and machinery. They can also protect software-related developments. Investment in research, development and marketing should all be protected and patents can prove particularly useful for this purpose. Although they are commonly referred to as an intangible asset, patents can generate revenue streams for their owners and can be sold or mortgaged much like any tangible asset. For instance, protecting new concepts via patent may prevent competitors from entering a particular technical space, thereby potentially giving the patent owner an edge over its competitors.

At WP Thompson, we know the value of securing a patent and how important they are as business assets. This is why our advice to clients always takes into consideration the potential financial value of your invention and underpins our approach to the scope of protection our clients require. 

Licensing patents you own for use by third parties is another method to generate revenue streams which some clients employ. This is known as out-licensing. However, innovators can also turn the IP of others into commercial products by licensing third-party patents - known as in-licensing. Additionally, patent owners should consider enforcement of existing patent rights as a potential revenue stream.

Your patent portfolio - even those which are yet to reach a commercial stage - is valuable and as such, you should take steps to police it to protect your assets from possible infringement. Our skilled and experienced Patent Attorneys can offer all the help and advice you need to keep the value of your ideas safe. Our team of Attorneys offer our clients a comprehensive range of patent services across all technical disciplines, including chemistry, chemical engineering, electronics, software, fintech, AI, mechanical engineering, medicinal chemistry, medical devices, physics, pharma and biotech.

In addition to the drafting, filing and prosecuting of patent applications, we offer advice and assistance in the strategic assessment of patent portfolios, due diligence investigations, and the provision of patent audits. Our attorneys have broad experience in litigation and contentious issues involving questions of validity, infringement and ownership in particular. We also provide input in relation to commercial negotiations, particularly those involving licences and assignments. Whatever your sector or invention, we have a dedicated team who can provide help, advice and expertise to safeguard your ideas and ensure you can exploit their commercial value to the fullest.

The nature, geographical extent and timing of IP protection varies depending on the nature of a client's business, budget and commercial priorities. 

We understand that not all clients are the same and we form a close relationship with you in order to understand your technical and business needs before providing strategic advice on the form and extent of IP protection to pursue.

We maintain a longstanding involvement in our client's IP from inception, to completion of protection and conduct regular reviews to ensure that no gaps exist.

Our strategic advice also extends to enforcement and licensing strategies to ensure that clients maximise the leverage and return sought from investments and resulting IP.

The long-awaited Unitary Patent system is due to enter into force on 1 June 2023, and the implementation roadmap has been published by the UPC preparatory team. The system will increase options available for the geographical extent of patent coverage in Europe from European patent applications.

The Unitary Patent system consists of:

• a Unitary Patent (UP) that will offer geographical coverage of the European Union (EU) member countries that have ratified the Unitary Patent Agreement. Applicants can obtain the UP by filing a request at the EPO, following grant of their European patent, that their patent have unitary effect; and
• a Unified Patent Court (UPC) that will provide a centralised forum for the litigation of not only the new Unitary Patents, but also "conventional" European patents, in the participating member countries unless 'opted out'.

Unitary patent protection can be obtained only for a European patent granted on or after the date on which the Unitary Patent Regulation comes into force (i.e. 1 June 2023), but requests for unitary effect can be filed before this date.

An initial 85 judges who will sit in the UPC have been appointed. The 85 judges include the Presidium of 8 presiding judges who will lead both the Court of Appeal and Court of First Instance, with Klaus Grabinski appointed as president of the Court of Appeal and Florence Butin taking on the role of president of the Court of First Instance.

The judges include legally and technically qualified people from across many of the member states of the UPC, including appointees from Germany, France, Italy, the Netherlands, Belgium, Denmark, Sweden, Finland, Bulgaria, Austria, Portugal, Slovenia and Estonia.

Detailed explanation of the Unified Patent Court, opt-out procedures and obtaining a unitary patent may be found here.