IP Review Winter 2019/20

Contents 3-5 AI proving valuable in drug discovery Pharmaceutical companies are using artificial intelligence (AI) to help bring new drugs to market 6-7 Red Bull’s wings clipped as CJEU rejects colour trade marks Red Bull struggles to maintain colour trade mark registrations 8-9 Blockchain: a rapidly changing patent landscape Few could have predicted just how much interest there would be in applying the software- based technology 10-11 Can AI systems really be inventors? Does the law on inventorship need reform? 12-13 Out of this world thinking: innovative filing strategies The importance of employing an effective and carefully considered patent filing strategy 14-15 Attack of the drones The threat of drones and the companies filing patents to combat it 16 Withers & Rogers strengthens presence in Munich Growing demand requires move to larger office IP review winter 2019/20 Welcome to the winter 2019/20 edition of IP review Over the last year or so, the use of Artificial Intelligence (AI) has become increasingly widespread in all areas of research and development as it is a powerful tool in the analysis of data and in the development of innovative products and processes. In this edition of IP review, we look at how AI is being used in the pharmaceutical industry to help develop new therapies for patients more quickly and more efficiently. We also examine the implications of AI systems developing new ideas and whether they can be classed as inventors for the purposes of filing patents. In our autumn 2017 edition, we looked at the emergence of Blockchain as a new and exciting technology. Here, we revisit Blockchain and see how it has developed in the last two years and who are the major players working in this area. As for branding, few people would dispute the distinct nature of Red Bull’s brand. However, in an important case at the CJEU, which should make brand owners take note, we see that it was not straightforward for Red Bull to protect their brand using colour trade marks. Please do continue to send your feedback on any of the articles in IP review and share your requests for subjects which you would like to see covered in future issues. Justin Wilson Editor jwilson@withersrogers.com 2 Readers, as always, thank you for all the positive feedback and comments following the last issue of IP review.

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