Kilburn & Strode

Microsoft's Majorana 1 chip represents a potential game-changer in quantum computing—and a critical moment for IP strategy in this rapidly evolving field.   After nearly two decades of research, Microsoft claims to have successfully created Majorana particles, previously only theoretical, enabling qubits with inherent noise resilience and potentially transformative scaling advantages.   What does this mean for quantum computing companies?   ● Sufficiency linked to feasibility of Majorana particles does not currently pose a hurdle in Europe ● Early patent filers will secure foundational positions ● Companies wishing to join the secondary wave of patenting should focus R&D efforts accordingly ● Challenges to patents proceedings may explode in the next five years as the technology increases its value and companies seek a dominant position ● For quantum companies, now is the time to reevaluate your IP strategy.   Read the full analysis from Bernadette Fernandes, Eleanor Parker and Tom Hamer on how Microsoft's high-risk quantum computing strategy could reshape the competitive landscape and what it means for your IP position. https://lnkd.in/dE3_mWTZ

Join Partner Emily Collins at the University of San Diego School of Law for the 2025 Patent Law Conference on Thursday, April 10. The event will include a keynote address from Ann Cathcart Chaplin, General Counsel at Qualcomm, as well as engaging panel discussions led by top IP attorneys from leading companies. RSVP here: https://lnkd.in/gpC923Zf

Ryan Pixton will be attending the 21st Annual USC Gould School of Law IP Institute dinner on 17-18 March in Santa Monica. We would love to connect if you are attending too, please get in touch: events@kilburnstrode.com.

The latest development in the cider branding battle leaves a bitter taste for Aldi UK, with the Court of Appeal unanimously finding that their copycat “Cloudy Lemon Cider” did indeed take unfair advantage of the successful Thatchers’ brand.   In this article, Trade Mark experts Nora Fowler and Carol Nyahasha unpick the history of the dispute, diving into the reasoning behind the court’s decision and what impact this might have on Food & Drink brands going forwards.    Is this the beginning of the end for budget lookalikes? Click the link below to find out more.

🧠 𝗖𝗡𝗡𝘀 𝗥𝗲𝘃𝗼𝗹𝘂𝘁𝗶𝗼𝗻𝗶𝘀𝗶𝗻𝗴 𝗖𝗮𝗻𝗰𝗲𝗿 𝗧𝘂𝗺𝗼𝘂𝗿 𝗗𝗶𝗮𝗴𝗻𝗼𝘀𝗶𝘀 Convolutional neural networks (CNNs) are transforming cancer diagnosis from a time-consuming and potentially error-prone process to a more efficient, accurate, and patient-centered approach.   CNNs can help clinicians detect, diagnose and treat cancer much sooner, improving patient outcomes. With continued research and development the technology is set to improve even further, leading to even more precise and personalised treatments.   Thankfully for innovators in this field seeking patent protection to help bring their innovations to market, some of the usual pitfalls associated with patenting AI/ML-related technologies do not apply here – but that’s not to say they have a straight shot at grants at the EPO. Navigating the patentability landscape for these technologies requires expertise in both technical implementation and legal frameworks. Read our full article here: https://lnkd.in/eC-eWBzc

Celebrating International Women’s Day 2025: Accelerating Action for Gender Equality On International Women’s Day, we stand together to celebrate the incredible achievements of women around the world. We are committed to: ▪️Empowering women in the workplace by fostering an inclusive environment where all voices are heard. ▪️Advocating for equal opportunities in leadership roles, ensuring that women are supported and mentored to succeed. ▪️Championing diversity and inclusion in every aspect of our organisation, recognizing that gender equality benefits everyone.   We’re always looking for ways to support the growth and development of our employees. This year we’re committed to accelerating progress by empowering women through mentorship, development, and leadership.

Our 2025 IP Academy applications are now open! We are accepting applications for our IP Academy to start in October 2025. To find out more, visit our website https://lnkd.in/er_tcmxK Applications will close on Tuesday 14 April at 1pm (BST)

Join our webinar on Monday 24 March as we reflect on some of the most influential case law that emerged from the EPO last year and discuss some of the key takeaway practice points. This year’s review includes: ◾ An update on the continually evolving case law on post-filed data following the landmark "plausibility" decision, G 2/21. We review how the Boards of Appeal have been applying this decision in practice, and how applicants can put themselves in the best possible position to have their vital data considered by the EPO. ◾ Following on from G 1/22's "rebuttable presumption" of priority, we discuss the outcome of the consolidated appeal on the Broad Institute's European platform patents for CRISPR/Cas9 and what this means for patent proprietors and opponents. ◾ Disclosure of machine learning models: we discuss the EPO’s recent guidance on ensuring AI-based patent applications meet the bar for sufficiency of disclosure. ◾ Medical use claims: we consider what products qualify as a “substance or composition” required for a medical use claim and whether a therapeutic effect must be achieved by means of a chemical interaction in the body. ◾ Appeal strategy: we provide practical tips for patent proprietors and opponents on maximising their chances for a successful appeal by avoiding admissibility pitfalls under the strict rules of procedure of the Boards of Appeal. 📅 Event details: Date: Monday 24 March Time: 9:00 AM PDT | 12:00 PM EDT | 4:00 PM GMT | 5:00 PM CET Duration: 1 hour Format: Zoom webinar Register here: https://lnkd.in/etamgiG8 We look forward to seeing you there!

Industrial processes, such as manufacturing or recycling processes, bring their own challenges when it comes to intellectual property. Does it make commercial sense to obtain a patent to a process if it is unlikely that you will be able to detect if others are using the process? Can you rely on trade secrets instead to prevent others from using your processes?   Join our upcoming webinar where we consider the use of patents and trade secrets to protect intellectual property relating to industrial processes. We will look at: ◾ practicalities associated with obtaining patents and maintaining trade secrets; ◾ the potential benefits of each of these types of intellectual property; ◾ their relevance at different stages of a company’s growth; and ◾ their play in commercial disputes/enforcement. This webinar will be delivered by patent experts Jo Bradley and Gail Taylor and we are delighted to be joined by Dominic Hoar of Hogan Lovells who will share his practical experience from a litigator’s perspective. 📅 Event details: Date: Wednesday 19 March Time: 9:00 AM PDT | 12:00 PM EDT | 4:00 PM GMT | 5:00 PM CET Duration: 30 minutes Format: Zoom webinar Register here: https://lnkd.in/eSHzWXhS We look forward to seeing you there!

CRISPR therapy unlocks new hope for those battling sickle cell disease. In November 2023, the UK’s Medicines and Healthcare product Regulatory Agency granted the world’s first regulatory approval of a CRISPR-based therapy.   Now it has been announced that this groundbreaking therapy, known as exagamglogene autotemcel, or exa-cel for short (brand name Casgevy®), has been approved for use on the NHS in England, offering patients the prospect of a cure for severe sickle cell disease. Click below to read the full article.