IP Review Summer 2018

Contents 3-5 The reinvention of human gene therapy A revival in the field, with a number of approved medicines now on the market. 6-7 European examination: the clock is ticking... A major shake-up for patent examination. 8-9 The power of forward citations Patents can teach you about the inventions they describe. However, patent metrics can tell you a lot more. 10-11 Hydrogen fuel cells vs. rechargeable batteries Which will power vehicles in the future? 12-13 Priority: lessons to be learnt The issue of priority at the European Patent Office has been brought to the forefront of people’s minds in light of a high profile decision. 14-15 Augmented reality: IP protection The rise of new technologies. 16 The rise of the trade mark troll Whilst trolling behaviour is well- known for patents, it can also affect trade marks. IP review summer 2018 Welcome to the Summer 2018 edition of IP Review First of all, I would like to thank Matthew Howell for his efforts in editing the IP Review over the last four years. Matthew has now passed the editor’s reins over to me and I hope to do as good a job as him in putting together a broad variety of articles that you will find both interesting and informative. In this issue, we continue the theme of focusing on emerging technologies. We have the second part of our review of augmented reality, this time focusing on how innovators can maximise their chances of obtaining patents in this area. We also delve into the competition between hydrogen-fuel cells and batteries as the future power source in modern transport. Further, we have a look at the recent success of gene therapy in the treatment of genetic diseases, an old concept only now coming to fruition. Looking more at the practicalities of patent procedure, we have an article on the efforts of the European Patent Office (EPO) to speed up examination and the knock-on effects this could have on applicants. Add to this a recap on correctly claiming priority, an age old issue but one which still catches people out, as demonstrated in the recent EPO decision relating to the high profile gene-editing technology CRISPR. There is also a piece on an innovative way of analysing patent data, in this case looking at ‘forward-citation’ searching. Finally, on the trade mark side, we find out that trolling is not restricted to patents. I hope you enjoy the issue and look forward to hearing your thoughts. Justin Wilson Editor 2