Annual patent review paper 2022: A Slightly Slippery Slope

3 minute read
08 February 2023

It is with great pleasure that we share with you our annual review of UK patent judgments in 2022: 'A Slightly Slippery Slope'.

The paper comprehensively reviews the patent decisions of the courts of England and Wales, laced with comment and opinion on the big issues arising. In a busy year for patent case law, the judgments in 2022 developed some legal tests, consolidated others, and on some points put out reasoning that we think invites a fair bit of commentary.

Highlights include:

  • What is the 'inventive concept' and is it the same for all purposes?
  • Does the implied licence doctrine have a place in the assessment of indirect (s.60(2)) infringement?
  • The first Formstein defence
  • The territorial reach of the Patents Act – into the North Sea?
  • Should American Cyanamid remain the test for the award of injunctive relief in 2023?
  • Can an online take-down amount to a threat of infringement proceedings?
  • When will the court permit alternative service out of the jurisdiction?
  • Who is the "Judge of the Year" for 2022?

A recording of our 26 January 2023 presentation, also entitled A Slightly Slippery Slope, will be made available separately.

We hope you enjoy the read. If you have any questions, please contact Gordon Harris or Ailsa Carter.

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