On Thursday 24th January, Mathys & Squire hosted our annual Burns Night networking event at our offices in The Shard!

The evening was filled with whisky tasting, Scottish themed canapes and of course, a rendition of Auld Lang Syne.

Thank you to all who came to the event and made it a huge success – we hope you enjoyed it!

In an article published by The Times, Gary Johnston and Laura West discuss the recent decision issued by the EU Intellectual Property Office (EUIPO) revoking McDonald’s rights in its Big Mac trade mark. This has been widely publicised as a “David and Goliath” defeat and a “unique landmark decision”.

The challenger, SuperMac’s, an Irish fast-food chain, has certainly tried to paint that picture, making various claims including that it has triumphed over “the McBully”. However, as damaging as it may be to McDonald’s at this early stage, the decision fails to satisfy any of these claims just yet. While certainly an initial success for SuperMac’s, it is doubtful whether this single decision will mark the end of the dispute. Not only does McDonald’s have the right to appeal, there are various other avenues it could pursue in challenging SuperMac’s should it wish to do so.

It is likely that this is only the beginning of a much more interesting story. However, it is to be hoped that the publicity around the McDonald’s case has communicated a useful message about the care that should be taken when presenting evidence at the EUIPO, regardless of the assumed knowledge of that brand among the public.

To read The Times article in full click here.

If you have any questions about this article please contact Gary Johnston or Laura West.

The Mathys & Squire patent, trade mark and design attorneys have been crystal ball gazing! Here are their IP trends to look out for in 2019…

Recycling

Green-tech innovations are taking an increasing role in the world of IP.

Since David Attenborough highlighted the devastating effects of plastics on our environment, consumers are much more concerned with waste management. Fortunately, an outstanding amount of research and innovation has already been undertaken to face this problem head on. 2018 saw some exciting breakthroughs in the area of recycling. Companies such as Parkside Flexibles have produced compostable, flexible food packaging. We also saw research from University of Portsmouth and the US Department of Energy’s National Renewable Energy Laboratory (NREL) on genetically engineered enzymes which can digest polyethylene terephthalate (PET). As the war on plastic continues, we can expect further research and therefore new innovations in the field of recycling to emerge in 2019.

If you’d like to discuss protecting the IP in your eco-friendly ideas, please contact Laura Clews via [email protected]

AI, Autonomous Vehicles and Blockchain

2018 saw an increasing amount of press coverage surrounding artificial intelligence (AI) and autonomous or driverless vehicles. With the Government’s announcement at the end of 2018 that people in London and Edinburgh are set to be the first to trial self-driving vehicle services, we predict that 2019 won’t disappoint and will continue with this upward trend. The business secretary announced that “self-driving cars will revolutionise the way we move goods and people around the UK, and that autonomous vehicles and their technology will not only revolutionise how we travel, it will open up and improve transport services for those who struggle to access both private and public transport.  The UK is building on its automotive heritage and strengths to develop the new vehicles and technologies and from 2021 the public will get to experience the future for themselves”.

With such advances in innovation in these areas, as part of our daily work as patent attorneys we can expect to see more and more patent applications relating to AI and autonomous vehicles crossing our desks.  It is encouraging, therefore, that the European Patent Office (EPO) appear to be taking a pragmatic approach to assessing AI inventions (click to read more here).

Connected with this, blockchain-related technologies are also garnering a lot of press attention.  Although the UK seems to be lagging behind its competitors in terms of protecting innovations in this area (see previous article here), perhaps we will see things change in 2019.  With blockchain-related technologies finding applications in all walks of life, from sectors as diverse as medical records, food tracking, drug tagging, and even autonomous vehicles (where blockchain-related technologies may be applied to ensure the credibility of information on which an autonomous vehicle may act), we can also expect to see this area growing even further in 2019.

For further information or to discuss the IP in AI further, please contact Andrew White via [email protected]

Food

With your average consumer now more health & environmentally conscious than ever, innovation in the food & beverage sector needs to be protected with patents and trademarks.

Vegan Foods: with veganism hitting the headlines regularly in 2018, it was difficult not to notice that this food trend has now gone mainstream! Companies such as Marks & Spencer; Ben & Jerry’s and even McDonalds have been quick to respond to consumer demands providing new vegan food options. More recently, bakery chain, Greggs, has also aligned themselves with this ever growing lifestyle choice and launched a new vegan sausage roll, just in time for veganuary. With more and more people looking to try veganism (a survey by VoucherCode survey suggesting this could be as many as 2.66 million Brits in January 2019), I would expect to see more delicious and innovative vegan products in 2019 for us all to try.

“Gut healthy” fermented foods: if you haven’t yet heard of kombucha or kefir, you soon will. These are just two of the fermented drink products which are quickly gaining popularity in both the UK and US. In 2017, the global market for kombucha alone produced $1.5 billion in sales and has been predicted to continue to increase at a growth rate of 23% over the next five years (reported by research firm Mordor Intelligence). Fermented food and drink products satisfy two growing trends for consumers i) foods that are natural; and ii) foods that provide health benefits. Fermented foods have been reported to provide a source of essential minerals and are rich in probiotic bacteria and have been suggested as beneficial for improving gut health and boosting the immune system. These products are already available in teas, juices and, for the less traditional amongst us, craft beers. However, with interest in fermented food products ever growing, we would expect to see further innovation within this field in 2019. Some companies, such as DuPont have already filed patents relating to fermented food products, and so we look forward to see what new fermented snacks will hit our supermarket shelves this year/

Sea vegetable superfoods: sea vegetables such as kelp, seaweed, and algae have been flagged as the new superfood and saw increased popularity with consumers in 2018. As more and more consumers are focussed not only on what they eat but where it comes from, sea greens are well placed for those looking to try a more plant-based diet without further damaging the environment. As seaweed is one of the fastest growing plants in the world it is considered to be a more sustainable and environmentally-friendly food source. This new trend has not gone unnoticed by food manufacturers and provides a great opportunity for new healthy food products.

To talk more about protecting the IP on your plate – vegan, vegetable and otherwise – please contact Laura Clews via [email protected]

Life Sciences – Deal Making

The value of mergers and acquisitions in the biotech sector in 2018 saw a 30 year high, including eight deals worth more than $1 billion. A number of such deals in 2018 involved Mathys & Squire clients – in January 2018 Sanofi announced it would be taking over haemophilia-focussed Bioverativ for $11 billion, while by May 2018 Takeda had confirmed its purchase of Shire for $62 billion, the fifth-largest biopharmaceutical M&A deal in history.

It is anticipated that 2019 is likely to be another active year for deal-making in the life sciences sector. One of the factors pointing to this prediction is that a number of large biotech companies are facing the imminent expiry of patents protecting valuable authorised products. The possibility of competition from generics and biosimilars after patent expiry can have the effect of forcing biotech companies to consider alternative revenue streams, including potential mergers. Additionally, the now divided Congress and a House of Representatives means that we are unlikely to see patent reform in the US in 2019. This may encourage inventors to reconsider biotech stocks for 2019, fuelling further investment in life sciences.

For further information about protecting your ideas and innovation in the Life Sciences sector, please contact Bethany Gibbs via [email protected] 

The United Kingdom Intellectual Property Office (UKIPO) recently published a report  on design infringement in the UK.  This report not only explores the attitude to design rights in the UK, but also the perceived level of design infringement across the UK’s design industry, and the impact of design infringement on businesses.

Copycat Crisis

The report highlights that a staggering 98.3% of designers believe that they have experienced some level of infringement of their designs, and subsequently suffered estimated financial losses of between £5000 and £500,000.

However, despite the almost inevitable negative commercial impact of infringement on their businesses, fewer than 10% of designers actually attempted to defend their designs.

In circumstances where an infringer was challenged, issuing a letter to the infringing party was the most common response, as it was found to be a simple, inexpensive and effective method of addressing design infringement, with most infringers ceasing their infringing activity when challenged.

So why the disconnect? If designers are plagued by copycats, and a simple letter can prevent these infringements from happening, why are designers not taking action?

Common Misconceptions

You can’t protect designs.

Research shows that awareness of design rights is generally lower than that of other intellectual property rights such as copyright, patents and trade marks, BUT designs can indeed be protected.  From consumer products and packaging to logos, patterns, typefaces, graphical user interfaces and colour schemes, there is very little that cannot be protected by filing a Registered Design.

It’s expensive to protect designs.

Filing registered designs to protect designs is in fact a relatively simple and inexpensive process.  Plus, under the UK and European Registered Design systems, it is possible to protect several designs in one ‘multi-part’ application where the cost per design reduces as the number of designs included in the filing increases.

Challenging an infringer is costly.

The UKIPO’s research has shown that often simply issuing a letter to the infringer was effective and inexpensive, and often resulted in most infringers ceasing infringement when challenged.

Don’t be part of the 98.3%. 

If you need help protecting or enforcing your designs, get in touch with our Designs team.

Home to academics, entrepreneurs, growing businesses and established ventures, Oxford has long been an industry hotbed for start-ups, founders and global brands, generating innovation across industries such as automotive, design, manufacturing, chemistry, technology, pharma and life sciences.

We would be delighted to welcome you to our new Oxford office. Please join us for a celebratory breakfast on Thursday 7th February and meet our Oxford team.

To RSVP, please click here.

When: Thursday 7th February
Time: 08:30 – 10:30
Where: Milton Park Innovation Centre, 99 Park Drive, Milton Park, OX14 4RY 

Bitcoin, and the technology on which it is based, Blockchain, have become something of buzzwords ever since Satoshi Nakamoto’s 2008 white-paper[1] introduced the concept of Bitcoin to the community.  As this exciting technology finds wider adoption, many of us working in the IP field are turning their eyes as to how this technology may be patented so that innovation in this area can be encouraged and cultivated.

It may come as no surprise that the number of patent applications being filed for Blockchain technologies is increasing at a (seemingly) exponential rate – 2900 have been filed in the period 2013-17, with 55.4% of these being in China, with the US following a close second.  However, the number of filings we will be seeing in this area is predicted to increase even further – spurred on by an approx 280% growth in investment from 2017 to 2018[2].

Although it may be increasingly difficult to obtain enabling or “core” patents in the Blockchain field as it becomes increasingly crowded, the growing uses and applications of Blockchain technology to sectors as diverse as medical records, food tracking and drug tagging will themselves be patentable and it is likely that we will see increased filings in these areas in the coming years.

The UK has the third highest number of Blockchain developers (approx 13,000)[3] behind the US and India, yet the number of patent filings from British-based companies is surprisingly very low – only nChain make it into the top 10 patent filers for Blockchain technology worldwide. China and the US are very much leading the way, with IBM and Alibaba being the top 2 patent filers for Blockchain technology worldwide[4].

It therefore would appear that UK businesses may be missing an opportunity in protecting their Blockchain innovations.  The European Patent Office (EPO) are keen to grant patents in this area, and held an inaugural conference on 4th December on patenting Blockchain and related technologies.  Their aim was, by explaining how they go about searching and examining Blockchain inventions, to enable innovators in this area to obtain patent protection more efficiently.  Perhaps UK businesses should take heed of their Chinese and US competitors and wake up to the rapidly evolving IP landscape in the Blockchain field – and take advantage of the EPO’s seemingly favourable and predictable approach to Blockchain patentability to protect their innovations in Europe.

To learn more about patenting your Blockchain inventions in Europe, speak to one of our experts today.

This article was first published in FinTech Weekly. 

To read the full article which first appeared in Managing Intellectual Property in December 2018 click here.

Is it time to future-proof your British business?

Ever since the result of the Brexit referendum was announced, there have been varying degrees of concern over the future of the British economy, and the future of British businesses.  One of the questions that a British business owner may be asking themselves is  “Why will our product(s) still be bought by people in other members states of the EU and, indeed, the rest of the world, even though the price may rise as a result of inadequate or, indeed, no formal trade deal(s)?”

‘Made in Britain’

In a large proportion of cases, the answer is likely to be simple: people like to buy products that are made in Britain because the “Made in Britain” statement is synonymous with innovation, creativity, craftsmanship and quality.  On that basis, then, and as Brexit comes ever closer, it is important that this accolade is not just promoted but protected.  British companies that make their products (or offer their services) in or from Britain should, now, be ensuring that their USPs are protected to the greatest extent possible.

How can Intellectual Property help?

Wherever innovative effort has been made to generate a product or service, there is almost invariably some Intellectual Property (IP), and it is the laws associated with that intellectual property that can be used to protect the “innovation, creativity, craftsmanship and quality” elements of your British business.

Intellectual property is defined as a category of property that encompasses tangible and intangible creations of the human intellect, and, as many people will know, is primarily associated with copyright, patents, designs and trade marks. What is less well known, however, is that it can also include other types of rights, such as trade secrets, publicity rights, moral rights, and rights against unfair competition. Some types of IP can be registered, whereas others exist automatically and do not require registration.  That said, although unregistered rights involve no cost, in general, registered rights, such as patents, trade marks and designs, do tend to provide stronger protection than unregistered rights.

Registered IP

The main registered rights are patents, registered designs and registered trade marks. Patents protect new inventions and can be used to protect how a products works, what it does, how it does it, what it is made of and/or how it is made.  In contrast, registered designs cover the overall visual appearance of a product (or even a Graphical User Interface), rather than how it works or what it does and, where the appearance of your product is distinctive, can provide a very powerful tool to prevent cheap sub-standard copies being imported from overseas which can. Not only reduce your market share but may even damage the reputation of your brand.  A registered Trade Mark can protect your brand, and could be made up of word(s), logo(s) or a combination of both.  It is possible to protect three-dimensional shapes under certain circumstances, and the fluted Coca Cola bottle is a good example of this.  Even sound- or action-based elements can be registered if they can be shown to be a so-called ‘badge of origin’ in relation to your product(s) or service(s).  In other words, anything you use in relation to your product(s) or service(s) that would cause your customers to think they had originated from you can, potentially, be perceived as a trade mark.

Unregistered Rights

Moving on to the principal unregistered rights, Copyright exists automatically in relation to literature, artistic works, photographs, music, dramatic works, software, databases, films, radio and television broadcasts, sound recordings and published editions.  Trade secrets could also be an important part of your business, and may be protected by the law of confidentiality. You must establish that the information is confidential, and ensure that anyone you tell about it signs a non-disclosure agreement (NDA). If they then tell anyone about it, this is a breach of confidence and you can take legal action against them.  Depending on your business, the potential value of your trade secrets should not be underestimated.  To put this into context, consider that the KFC blend of 11 herbs and spices has been described as “ the biggest trade secret in the world”, and it is difficult to imagine the monetary value of that.

There are other types of intellectual property, but these are the principal ones and a patent or trade mark attorney can assist in identifying which are the most important ones for your business and help you in the registration process(es), where appropriate.

Know your Rights

The type(s) of intellectual property that will protect your British business will be dependent on what product and/or service you are offering.  It is important is to know exactly what types of IP there are within your business offering, and ensure that those valuable assets are protected.  In this regard, the UKIPO acknowledge[1] that it can be difficult for businesses to appreciate the true value of their IP assets, but they go on to say that, “If used well, IP can offer a solid platform for any business to grow. How you plan, manage and protect your ideas could be a crucial feature in your business planning.  What seems unimportant today, could be worth millions in the future, if protected”.

The UKIPO also advise that businesses should “regularly take stock of their assets”, and the UKIPO provide an on-line  IP Health Check tool here, which is free to use and offers to provide a personalised report, suggesting actions and providing valuable guidance. On that note, and as we head ever closer to Brexit, a professional IP audit, such as that offered by Coller IP (https://collerip.com/ip-services/) may be of significant help in valuing your IP and developing a strategy for “using it well”.  Fortunately, there is Government funding available for this through the UKIPO’s IP Audits Plus scheme, through which innovative businesses are given access to funding up to £3000 inc VAT for an audit to establish their IP position. The scheme is available to SMEs, i.e. businesses having less than 250 employees, with clear plans for growth. To apply for an IP audit through the scheme you need to be supported by the UK IPO’s recognised partners. In Wales, the recognised partner is the Welsh Government, in England it is Enterprise Europe Network (EEN) and in Scotland it is Scottish Enterprise.

The Future is Bright

The road ahead may seem uncertain at the moment, but the ‘Made in Britain’ accolade is widely acknowledged and is likely to go from strength to strength.  By knowing and protecting their own contributions to that, British businesses can aim to thrive in a new economic climate.

^{The content of this article is intended to provide a general guide to the subject matter, and specialist advice should be sought from your attorney at Mathys & Squire.} 

Norwich, UK: Colorifix, a company that has developed the first commercial biological dyeing process, has raised a Series A round of $3 million from impact and strategic investors with strong links to the fashion industry. The round was led by Challenger 88, with participation from Cambridge Enterprise, H&M CO:LAB (part of H&M Group) and Primera Impact. The funds will support the expansion of the company’s Norwich-based facility and the team build-out as Colorifix launches a number of pilots with several leading players in the international fashion industry.

Dr Orr Yarkoni, CEO of Colorifix commented: “It took us a while to find the right investors but I really don’t think we could have built a more strategic and impactful partnership moving forwards than the one we have now. Our investors are passionate about our mission towards the environment and will certainly help us on the long road to changing a global industry”. Wolfgang Hafenmayer, Managing Partner of Challenger 88 said “The more time we have spent with the Colorifix team, the more excited we have become about their novel approach to dyeing which has the potential to radically improve one of the most environmentally destructive industries on the planet.”

Dr Orr Yarkoni, also commented, “without any shadow of a doubt, we knew we needed good legal advice moving forward. It’s such a big challenge and there’s no way we could have done it ourselves. Engaging Mathys & Squire LLP was definitely the right move. I was really impressed with the level of understanding and care with which our process has been handled, especially given the complexity of integrating biotechnology in an entirely new manufacturing process. Craig Titmus (Partner responsible for our IP portfolio) has been a lifesaver on more than one occasion and has always been willing to pick up the phone, even whilst on holiday.”

Instead of using toxic and non-renewable petrochemicals, Colorifix uses synthetic biology methods to create a range of colours produced naturally by organisms such as microbes, plants, animals and insects. By engineering microorganisms to produce naturally-occurring pigments, Colorifix converts agricultural by-products such as sugar molasses into colorants suitable for textile dyeing. Importantly, the microorganisms also transfer the colour onto a fabric or garment, resulting in additional water and energy savings. By providing a solution that uses ten times less water than traditional dyeing processes and zero heavy metals, organic solvents or acids, while still achieving excellent results in independently certified quality tests, Colorifix is catching the attention of influential forces across the textile industry.

About Colorifix: Colorifix is the first company to apply biological dyeing to the commercial dyeing of polyamide-based jersey, polyester and cotton fabrics, and research is already underway to apply the technology to other natural and synthetic fabrics. Synthetic biology technology is already safely utilised at scale in other industries such as the production of textile scouring enzymes and bio-based chemicals. Colorifix was founded in 2016 by Drs James Ajioka, Orr Yarkoni and David Nugent following their successful collaboration on a project funded by the Wellcome Trust to develop a biosensor for detecting arsenic in drinking water.

About Challenger 88: Challenger 88 advises family offices and endowments on impact investing topics, from building impact investment strategies across asset classes, to identifying venture capital and private equity opportunities with a positive societal impact. Founded by Wolfgang Hafenmayer and Raya Papp, the team leverages decades of combined impact investing experience and its global network to help clients align their capital with their values.

About Cambridge Enterprise: A wholly owned subsidiary of the University of Cambridge, Cambridge Enterprise Limited is responsible for the commercialisation of University intellectual property. It provides access to early stage capital through the Cambridge Enterprise Seed Funds, University of Cambridge Enterprise Funds and Cambridge Enterprise Venture Partners, and offers business planning, mentoring and related programmes. Activities include management and licensing of intellectual property and patents, proof of concept funding and support for University staff and research groups wishing to provide expert advice or facilities to public and private sector organisations.

Patents are used to protect inventions. They are a very powerful form of intellectual property (IP) because they mean that if anyone makes, uses, sells or imports your patented invention without your direct permission, you have the right to take legal action against them. The details of what can (and can’t) be patented can often cause confusion for inventors so let’s make it simple: what is a patent and how you can obtain one?

 What is a patent?

A patent is a legal right granted by a patent office such as the UK Intellectual Property Office (UKIPO) that protects new inventions. From the date of filing the patent application, the right usually has a maximum lifetime of 20 years. You don’t need a patent to use your own invention, although you do have to be careful that no one else already has patent rights to it. Having a patent does not automatically mean you have a right to use your own invention. It’s always best to check with patent experts whether you should apply for a patent and/or what your next steps need to be.

To obtain a patent, your invention must be:

• something that can be made or used (capable of industrial application),
• new,
• inventive – not just a modification to something that already exists.

 What can’t be patented?

There are certain types of invention that can’t be patented. These include:

• literary, dramatic, musical or artistic works,
• a way of doing business, playing a game or thinking,
• a method of medical treatment or diagnosis,
• a discovery, scientific theory or mathematical method,
• the way information is presented,
• some computer programs or mobile apps,
• ‘essentially biological’ processes, such as cross-breeding plants, and plant or animal varieties.

 Applying for a patent

Applying for a patent is a long process that can either be made directly by yourself in the UK, or with the help of professionally qualified IP experts. The application for a patent must be made at a patent office such as the UKIPO or the European Patent Office, and has to include your personal details, your request for a patent, a set of claims (numbered clauses) that define the scope of protection sought, and a detailed description of your invention that explains how your invention works. This description will preferably also include drawings of your invention. Due to the complexities involved (particularly with regard to drafting the claims) it is strongly recommended that an IP expert is used to help with the drafting and filing of the patent application.  Once the patent application has been filed, it is extremely difficult to make changes or corrections, and so the patent application needs to be correct from the start.

 It’s essential to apply for a patent as soon as possible, because anything about your invention that is in the public domain can be used against your patent application to cast doubts over whether your invention is new or inventive.

 Mathys & Squire is intellectual property attorneys with expertise in patents, trade marks and design protection, copyright law and IP litigation. Get in touch today to discuss your invention and to receive expert advice about whether your invention is patentable.