Articles
AI
As generative AI scales, enterprise clients and creators are increasingly asking tech providers to lift intellectual property, face, and voice guardrails. But under Danish law, […]
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Companies are investing in their visual identity to differentiate from competitors. This investment needs protection and design registration is the key to protect the physical […]
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Written by: Frederik Bernstorff, aera and John Carlund, Rouse On 2 July 2025, the Enlarged Board of Appeal of the European Patent Office (EPO) […]
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On 2 February 2026, the European Union Intellectual Property Office (EUIPO), with the support of the European Commission and national IP offices, officially launched the SME Fund 2026. […]
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A landmark decision On 11 November 2025, the Regional Court of Munich I ruled that OpenAI’s language models unlawfully used song lyrics by nine German […]
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The EU Council and European Parliament have agreed on a new “Pharma Package” – a major update to medicines rules in Europe. This is one […]
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Do you own UK trademark registrations cloned from EU trademarks? If so, an important deadline is approaching. From 1 January 2026, use within the EU […]
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Written by Frida Holmér, Attorney-at-Law, Rouse Starting December 1, 2025, producers and manufacturers of crafts and industrial goods will be able to apply for […]
Read moreWorld of IP
One of the cornerstones of the European Patent Convention (EPC) is Article 54, which provides the legal basis for assessing the novelty of an invention. […]
Read moreLife Science
Do you sell medical devices? If you haven’t started yet, now is the time to prepare. Registration of your company and medical devices in EUDAMED, […]
Read moreBiotech
The pace of innovation for patents in the technology fields of energy transition and decarbonisation has increased sharply in recent years. Our recent analysis of […]
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The pace of innovation in seafood and aquatic food products has increased dramatically in recent years. A recent analysis of the global patent landscape conducted […]
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Considerations from an IP perspective During the development of a branded product, the aspirations for its use are often large and always hold great potential. […]
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The Unified Patent Court (UPC), having recently celebrated its second anniversary and soon to reach the milestone of 1,000 cases, has demonstrated a high level […]
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One may say that the infringement of patents within the pharmaceutical industry does not happen overnight and that pharmaceutical companies holding patents covering their products […]
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“Don’t be afraid to fail. Be afraid not to try.” — Michael Jordan Patentability in Artificial Intelligence As technology advances, machine learning continues to […]
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The intersection between generative AI and copyright law has reached a critical juncture in Europe. For the first time, the Court of Justice of the […]
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This interview was originally posted on 18 March, 2025 on managingip.com Jane Møller Nielsen explains why a love for linguistics can help build a successful […]
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After nearly a decade of preparation and legislative efforts, the highly anticipated EU Design Reform Package has officially entered into force. With sweeping changes set […]
Read moreSME matters
Introduction We were previously introduced to the challenge of dealing with intellectual property (IP), which many startups face sooner rather than later. But why should […]
Read moreU.S. matters
It has been more than a decade since, to the relief of many, particularly outside the U.S., the America Invents Act (“AIA”) retired the intricate […]
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– here is what this means for EU trademark applicants The Grand Board of Appeal has now confirmed the position advocated by user associations[1]: an […]
Read moreStart-up's
Introduction For many startups, dealing with intellectual property (IP), including patent applications, often feels like another item on an ever-growing to-do list. Navigating the IP […]
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U.S. matters 1: The Value of U.S. Legal Opinions on patent non-infringement/invalidity U.S. matters 2: Divided Infringement of U.S. Patents: Risks and Opportunities U.S. matters […]
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The Supreme Court decision in Loper Bright The U.S. Supreme Court, by design or otherwise, tends to release its most consequential and controversial decisions immediately […]
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Open Source Software, Open Source AI, Open Washing and Intellectual Property Picking up where the series left off, at the intersection of copyright and generative […]
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Our patent attorneys come from many different backgrounds and educational paths. To become a patent attorney, you need a master’s degree (or, even better, a […]
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First up in the series of intellectual property (IP) issues impacted by and evolving with generative AI (deep learning), is that of copyright. For simplicity […]
Read moreUPC
After decades of discussion, the so-called “Unitary Patent System”, i.e. the establishment of a Unitary Patent (UP) and a Unified Patent Court (UPC), entered into […]
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While it makes sense to have a basic understanding of the technology we are talking about here, not only from the user or system perspective […]
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Since generative AI entered the mainstream nearly 2 years ago with the debut of ChatGPT, it has quickly been integrated into many of our daily […]
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Since generative AI entered the mainstream nearly 2 years ago with the debut of ChatGPT, it has quickly been integrated into many of our daily […]
Read moreOpen Ears
Disrupting the jewellery industry: A conversation with former Swarovski designer, Mark Smith on new software technology and designing with light. In this episode, Hanane Fathi […]
Read moreWorld of IP
A finding of liability for direct patent infringement in the U.S. is typically based on the infringing actions of a single entity, either a natural […]
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The EUIPO Observatory (‘EUIPO’) has recently released a comprehensive report examining trends and tendencies in EUTM filings throughout and following the COVID-19 pandemic. The report […]
Read moreStart-up's
aera supports women entrepreneurship and innovation by offering one hour of free IP consultancy every month to a woman entrepreneur, scientist, or inventor. This means […]
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Presented by David Loretto, U.S. Patent Attorney at aera PDF: Divided Infringement by David Loretto – Open Minds 1 March 2024 Disclaimer: These slides and […]
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In the past weeks, you may have come across news stories highlighting the expiration of copyright protection for the original version of Mickey Mouse. This […]
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In November 2023, the Board of Appeal of Patents and Trademarks (Ankenævnet for Patenter og Varemærker) affirmed the decision of the Danish Patent and Trademark […]
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Though there is no longer an affirmative duty to seek the opinion of U.S. patent counsel after being put on notice of possible infringement of […]
Read moreDesign
Over the last years the world of design has rapidly changed due to technical advancements and especially the internet. As the current legislation on design […]
Read moreBiotech
The Legal Board of Appeal (LBoA) of the European Patent Office (EPO) concluded in the recent decision J5/23 that „signature“ within Article 72 of the […]
Read moreTrademarks
According to Article 3(3)(c) EUTMIR, a 3D trademark is a mark consisting of a three-dimensional shape, including containers, packaging, the product itself or its appearance. […]
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A lot of people have commented on the recently issued decision in consolidated cases G 1/22 and G 2/22 from the Enlarged Board of Appeal […]
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Article 9(2) of the European Trademark Regulation grants the owner of a registered European Trademark the right to prevent all third-party sellers from commercially “using” […]
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The owner of an EU trademark has a five-year grace period where there is no requirement to document commercial use of the registration. After those […]
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The Boards of Appeal (BoA) at the European Patent Office (EPO) finally seem to believe novelty in purity questions should be addressed by the golden […]
Read morePharma
Pharmaceutical innovator companies increasingly have to consider the potential prior art effect of clinical studies carried out in order to gain approval of their medicines. […]
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Yes… Initially, it seemed that this was possible, as the (in)famous and anonymous street artist Banksy successfully filed and registered several trademarks depicting some of […]
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On EU-level it depends on whether your slogan is merely perceived as a promotional formula or if it is also considered an indication of commercial […]
Read moreStrategy
Continuation application strategy is one of the most unique and important features of United States patent practice. However, continuations have the tendency to be underutilized […]
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Videos and presentations Richard Hung (MORRISON & FOERSTER): Why bother with IP litigation in the US? US IP litigation is from a European perspective perceived […]
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Willem Hoyng: The wolf IS coming – future IP litigation under the UPC What will change strategically when the UPC enters into force in the […]
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In the recent EU case C-783/19, a Spanish tapas bar chain had used CHAMPANILLO in its name, why Champagne producers had brought action. The EU […]
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We are very pleased to learn that our Finnish start-up client Askel Healthcare Ltd was granted Breakthrough Device Designation by the U.S. Food and Drug […]
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On 28 October 2021, the Enlarged Board of Appeal of the European Patent Office issued the reasons for decision G 1/21 of 16 July 2021, […]
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The identification of new chemical or medical compounds, and the development of complex clinical schemes for treatment requires heavy investments and is very time-consuming. A […]
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In short In this decision, the Board refused a request from the opponent to appoint the entire costs of the opposition proceedings to the patentee […]
Read moreDomain Names
On 6 September 2021, Denmark introduced new, stricter rules for registrants of ‘.dk’ domain names. If domain name registrants do not keep their contact information […]
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The European Patent Office (EPO) is conducting a survey (https://www.epo.org/news-events/news/2021/20210901.html) concerning the experience of users in opposition oral proceedings by videoconference (ViCo). At aera we […]
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Swedish oat milk giant Oatly has lost a controversial legal battle over trademarks in the UK. The High Court in London dismissed Oatly’s trademark infringement […]
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The Enlarged Board of Appeal (EBoA) at the EPO has in a recent decision of 22 June clarified the principle of the prohibition on double […]
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Today, the German Bundestag adopts a new patent law that introduces the principle of proportionality in the patent law when it comes to patent injunctions. […]
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In 2020, the number of international patent applications filed via WIPO continued to grow amid the COVID-19 pandemic, and within the field of technology, medical […]
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In landmark “MONOPOLY” case, EU vetoes re-filings of trademarks to prevent circumvention of the proof of use requirement. SUMMARY Hasbro, the American toys and board […]
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In this article, we highlight COVID-induced trends and risks that impact you as a brand owner. Secondly, we highlight steps that you can take to […]
Read moreDomain Names
What will happen if you don’t meet the eligibility criteria? From 1 January 2021, any UK registrant who cannot meet the eligibility criteria set out […]
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We have all had to adapt our way of working to the new reality we have lived in the last year. One significant change for […]
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DO I NEED PROTECTION IN THE UK? You may very well need protection in the UK if your business is active or plans on being […]
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The past year has seen us spend countless hours in the digital world. We’ve had digital meetings, lunches, coffee talks, but we’ve also been faced […]
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On the 1st of March this year, Philippe Benjamin Skow joined the legal team at aera. Philippe holds a Master of Law and has previously […]
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Staying in touch means the world to us! One year ago, we hosted our last OPEN event before the lockdown due to COVID-19. The OPEN […]
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The G1/19 decision by the Enlarged Board of Appeal of the European Patent Office issued on 10 March 2021 provides some clarity for simulation inventions. […]
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Acting as European patent attorneys on behalf of our clients, we appreciate the importance of carefully studying and understanding the content of all communications of […]
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Small and medium-sized enterprises (SMEs) based in the European Union are crucial for the European economy, and the COVID-19 pandemic affects the competitive position of […]
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Since Marianne Johansen in 1989, when working in a research group at the University of Copenhagen, came across the world of patents, she has been […]
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Season’s greetings from aera It is now almost 3 years ago since this firm was founded by a few like-minded people who had a “one […]
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ALL the applicants of a priority application must be named in a subsequent EP application As discussed in a previous post, there were oral proceedings […]
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The Patent and Market Court at Stockholm District Court writes in its judgement published last week, that the comedian and author Aron Flam’s illustrated tiger […]
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Earlier this week, we heard of the passing of world-famous guitarist Eddie van Halen, lead singer and guitarist of the American rock band Van Halen. […]
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Last week Dan Fischer joined the aera team, bringing the total number of employees up to 24. Dan comes from his position as Partner at […]
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Patenting of a second (or further) medical use of an already known pharmaceutically active ingredient has been possible at the EPO since decision G 5/83. […]
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Tuesday this week, it was revealed that Gilead, the producer of Remdesivir, which is currently known as the best drug against COVID-19, had sold nearly […]
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Yesterday, the Enlarged Board of Appeal of the European Patent Office issued opinion G 3/19 (Pepper) and in conclusion, plants and animals exclusively obtained by essentially biological processes are no longer patentable. […]
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Most applicants seeking patent protection do not wish to limit themselves to obtaining a patent in just one country or region. It is therefore necessary […]
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Most of the people who have been in contact with the patent system will be familiar with the concept of claiming priority from a previously […]
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On 29 August 2019, the Danish Eastern High Court issued a decision that partially relates to the recovery of costs of a winning party in […]
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Decision G 2/08 firmly established the patentability of new medical uses at the EPO under the revised European Patent Convention. Among other things, it was […]
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Articles
We have made a list of some of the foundations and programs that we believe are interesting for many of our clients and people working […]
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