Trade Mark Director
Chartered Trade Mark Attorney
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Artificial Intelligence (AI) is a family of technologies powered by Machine Learning (ML), which has seen exceptional growth both in its development and in its application in day-to-day life.
AI technologies are typically focused around the classification of data into identified groups, typically brought to bear on problems such as pattern recognition tools or algorithms for identifications of data features - for example finding a human face in a selfie. Similarly, AI can be applied to produce new content based upon patterns which it learnt from the data it was trained on.
In the UK and Europe, the patentability of software and computer implemented inventions is a fast-evolving area with both the EPO and UKIPO issuing regular updates in their approaches to examination of not only generic software-type inventions, but also AI and ML applications.
The core technologies of ML include hardware for implementing neural networks such as dedicated neural hardware found in mobile phones, and specially developed software for applications to large and nuanced datasets.
Our approach to successful prosecution of applications based in AI or ML is to provide as rich a disclosure as possible. We achieve this by working closely with the inventor and discussing the invention in fine detail. When discussing your invention or business model, we will consider what other forms of protection may be applicable to protect your revenue streams. In the field of AI, it is often the case that ancillary elements such as the design of the user interface, the method of producing training data, or the method of training an ML framework itself may be protectable.
Our professionals have experience in drafting patent applications and successfully obtaining patents for a variety of ML-enabled technologies such as facial recognition, DNA computing, and image processing. We also have experience in prosecuting applications for devices and systems providing the requisite architecture for these technologies, such as techniques for manufacturing dedicated neural network hardware.
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What do we do?
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.
Design registration allows for the protection of the appearance of your products, your logos and even the surface decoration which is applied to your product range. Before you disclose your design, you should seek advice from our Attorneys on what is, and is not protectable.
Our Patent and Trade Mark Attorneys can advise on the importance of building design protection into your IP strategy and are able to offer the following services:
If you need help and advice with design registration, contact one of our Attorneys today to see how we can offer our expertise to your intellectual property safeguarding strategy.
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:
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.
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.
Partner
Chartered and European Patent Attorney | Design Attorney | UPC Representative
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London Office Manager | London Records Manager | Certified CIPA & CITMA Paralegal
Partner
Chartered and European Patent Attorney | Design Attorney | Trade Mark Attorney | UPC Representative
Partner
Chartered and European Patent Attorney | Design Attorney | UPC Representative
Partner
Chartered Patent Attorney and European Patent Attorney | Design Attorney | UPC Representative
14.05.2024
Artificial Intelligence
The UK Intellectual Property Office (UKIPO) has recently updated its guidelines for examining patent applications relating to artificial intelligence (AI) following the landmark court decision in Emotional Perception AI Ltd v Comptroller-General of Patents. This decision has significant implications for the patentability of AI inventions in the UK, particularly those involving artificial neural networks (ANNs). In this article, we explore the key takeaways from the Emotional Perception decision, the updates to the patent examination guidelines, and provide practical advice for those seeking to protect their AI innovations.
Full story29.12.2023
Artificial Intelligence
In a long-running dispute centred around whether DABUS, an Artificial Intelligence(AI)-based creativity machine, can be named as an inventor of two GB patents, the UK Supreme Court finally issued the long-awaited decision. Dr Stephen Thaler, the creator and owner of DABUS has ultimately failed in his landmark bid to register two GB patent applications protecting inventions created by DABUS, specifically naming the machine as inventor. The Supreme Court has ruled that while AI machines may have the ability to generate work, these machines are not inventors within the meaning of the 1977 Act.
Full story
06.12.2023
Artificial Intelligence
In a recent High Court decision, Justice Mann overturned the UK Intellectual Property Office's (UKIPO) refusal to grant a patent for an artificial intelligence system utilising artificial neural networks (ANNs) to recommend similar songs to users[1].
The invention developed by Emotional Perception AI Ltd leverages a deep learning model based on ANNs. ANNs comprise layers of interconnected nodes like neurons in a brain, which process and transmit data signals. By training the ANN model on numerous song pairs labelled with both musical properties and semantic descriptions, it learns to map songs with proximate vectors in musical property space to songs with similar vectors in semantic space. Once trained, the ANN model can analyse an input song's properties, generate a corresponding semantic vector, and find the songs with the closest vectors in its database to recommend.
Full story
14.11.2023
Artificial Intelligence
The site of Alan Turing's pioneering codebreaking achievements during World War II recently hosted another momentous gathering—the 2023 Bletchley Park AI Summit.
Held on November 1-2, 2023, and convened by the UK government, the summit brought together government representatives and industry leaders from major AI powers to address the opportunities and risks posed by advanced artificial intelligence.
Full story07.11.2023
Artificial Intelligence
We at WP Thompson are proud to recognise the contributions of our Dr Julian Potter and Ranveer Riyat in the authorship of a new book titled "Artificial Intelligence and Patents: An International Perspective on Patenting AI-Related Inventions."
Full story23.02.2023
Software, Engineering, Electronics and Telecoms, Artificial Intelligence
The following article is an abridged version of a paper written by Ranveer Riyat as part of his degree course.
Quantum computing will change our world. It is an endeavour that has promised to transform drug development, codebreaking, and revolutionise everything from telecommunications to machine learning [1]. With so much hype, it is easy to get lost marvelling at the endless possibilities, without grasping what quantum computing is.
Since the development of the first conventional computer, the benefits of computing have been profound. While computers aid us with an infinite array of everyday tasks, such as finding the fastest route to a destination, surfing the internet, streaming movies, or even enabling safe air travel, there are challenges that today's systems will never be able to solve.
Full story
18.10.2022
Software, Plant Varieties, Medical Technologies, Materials, Life Sciences, Engineering, Electronics and Telecoms, Consumer Goods, Chemistry, Artificial Intelligence
We previously reported three EPO Technical Board of Appeal (TBA) Decisions T1463/11, T1658/15, and T0144/11 which related to the assessment of inventive step for inventions covering a mix of technical and non-technical features. In the first two decisions, the EPO introduced the concept of a "notional business person". The third decision provided additional guidance on the use of its meaning.
Full story14.10.2022
Software, Plant Varieties, Medical Technologies, Materials, Life Sciences, Engineering, Electronics and Telecoms, Creative and Brands, Consumer Goods, Chemistry, Artificial Intelligence
A unique feature of determining the actual response deadline to Communications, such as Examination Reports, notified by the European Patent Office (EPO) is that the number of months cited in the Communication runs from the 'notification' of the Communication rather than its date.
Full story
10.10.2022
Software, Plant Varieties, Medical Technologies, Materials, Life Sciences, Engineering, Electronics and Telecoms, Creative and Brands, Consumer Goods, Chemistry, Artificial Intelligence
We are delighted to celebrate our ranking as a leading Intellectual Property firm in this year's The Legal 500 (Legalease) – a testament to the quality of services we continue to provide to our clients.
Full story
29.09.2022
Software, Plant Varieties, Medical Technologies, Materials, Life Sciences, Engineering, Electronics and Telecoms, Creative and Brands, Consumer Goods, Chemistry, Artificial Intelligence
A unique feature of determining the actual response deadline to Communications, such as Examination Reports, notified by the European Patent Office (EPO) is that the number of months cited in the Communication runs from the 'notification' of the Communication rather than its date.
Full story01.08.2022
Software, Artificial Intelligence
The Boards of Appeal have published their decision to dismiss the Appeal of Thaler against the decision to refuse an application due to an AI system's (DABUS) designation as inventor.
Full story14.07.2022
Software, Artificial Intelligence
The Government has published its response to the UKIPO's consultation on Artificial Intelligence & IP. By way of re-cap, the UKIPO had invited submissions from design industry stakeholders and IP professionals on possible improvements to the current system on matters relating to (i) computer-generated works (CGW); (ii) a proposed exemption to copyright and database rights for commercial text and data mining; and (iii) recognition of AI inventorship in relation to AI-devised inventions.
Full story13.05.2022
Software, Plant Varieties, Medical Technologies, Materials, Life Sciences, Engineering, Electronics and Telecoms, Creative and Brands, Consumer Goods, Chemistry, Artificial Intelligence
A unique feature of determining the actual response deadline to Communications, such as Examination Reports, notified by the European Patent Office (EPO) is that the number of months cited in the Communication runs from the 'notification' of the Communication rather than its date.
Full story10.11.2021
Software, Artificial Intelligence
Full story01.10.2021
Software, Artificial Intelligence
Full story17.09.2021
Software, Artificial Intelligence
This article outlines the recent DABUS cases before the UK and EPO which considered the issue of patenting of inventions created using an artificial intelligence (AI) system.
Full storySectors
Electronics and TelecomsLife SciencesPlant VarietiesArtificial IntelligenceSoftwareMedical TechnologiesCreative and BrandsChemistryEngineeringMaterialsQuick contact
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