We are delighted to share with you our much anticipated annual review of UK patent judgments, for 2021.

'Back to Basics' provides your complete guide to the key patent case law emerging from the courts in the UK in 2021.

The white paper gives commercially minded readers a shortcut through a blockbuster year of patent case law, noting trends and points to watch out for in 2022. Highlights include:

  • Outstanding questions about whether there is a 'Formstein' defence to infringement by equivalents in the UK and whether anticipation 'by equivalents' is possible
  • Lessons on safeguarding 'without prejudice' protection
  • Confirmation that the approach laid down by the courts in Unwired Planet to the resolution of SEP/FRAND disputes continues post-Brexit
  • Developments in the approach to the identification of the 'person skilled in the art', which could impact obviousness assessments
  • The law on insufficiency following important judgments from Birss J/LJ
  • Disagreement in the Court of Appeal about patenting of AI-made inventions
  • How the law has become confused about anticipation by 'prior use'.

Download 'Back to Basics - A review of patent cases in 2021'