When Your Own Words Become Your Cage: The Cost of Claim Drafting Choices

Four businesspeople inside a cage formed by illuminated corporate buzzwords

A decade-long battle over an anti-scaling method for the Bayer process has just delivered a sharp reminder that patent claims are commercial instruments, not afterthoughts. In Nalco Company v Cytec Industries...

 Category: Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, IP Rights, Product Strategy, Strategic Advice

The Licence to Train: Brussels Reopens the Copyright Bargain

Robotic four-legged machines examining open books near a European Union monument at sunset

The European Commission has launched a call for evidence on targeted measures to modernise the EU copyright framework, with generative AI at the centre. It is asking, in plain terms, how...

 Category: Copyright and Designs, Increase IP Value, IP Rights, Pursue Excellence, Risk management, Strategic Advice

Federal Budget Impacts on IP-Intensive Businesses

Diagram showing Australian budget focus on R&D incentives and employee share scheme reforms to modernise economy.

The latest Federal Budget reshapes the operating environment for IP‑intensive businesses in ways that go well beyond tax. Refundable R&D offsets for younger firms, the removal of supporting R&D categories, and...

 Category: Coaching, Commercial IP, deals and contracts, Develop IP, Increase IP Value, IP Management, Product Strategy, Pursue Excellence, Strategic Advice

The Price Signal for AI Training Data Just Got Louder

Lawyers brandish books; mountain more natural shape

Last week a US federal judge delaying final approval of Anthropic’s proposed US$1.5B copyright settlement with authors and publishers over alleged use of pirated books in training its Claude models. The...

 Category: Commercial IP, deals and contracts, Copyright and Designs, Disputes and Litigation, Increase IP Value, Inform and improve your IP Strategy, IP Rights, Pursue Excellence, Strategic Advice

AI Isn’t Your Advantage—Your IP Strategy Is

Person interacting with a holographic AI data interface displaying growth charts and security icons in a high-tech control room

The recent McKinsey article “Using AI to boost productivity is unlikely to create a sustainable advantage” (read it here) offers a timely reminder for business owners with valuable IP portfolios: AI-driven...

 Category: Brands and Trade Marks, Copyright and Designs, Develop IP, Increase IP Value, Inventions & Patents, IP Rights, Product Strategy, Strategic Advice, Trade Secrets

IP Update: Rubiks 3D marks gone, Pixel 7 infringes SEP, Trump patent value tax and UPC jurisdiction

European Patents – do applicants have to amend the description to match the allowed claims? Finally there is a referral to the Enlarged Board of Appeal (G1/25) to sort out this...

 Category: Brands and Trade Marks, Copyright and Designs, Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, Pursue Excellence

IP Update: IPR is tough for older patents, EU Colour marks, Tesla final appeal in UK on FRAND, EPO prior art clarified

EPO enlarged board of appeal rules that non-reproducible commercial products are prior art when assessing novelty and inventive step. A product put on the market before the filing date of a European...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, Product Strategy, Risk management

IP Update: shoe surgery, don’t wait to IPR and $218m verdict reversed with loss of patents

Nike settles trade mark dispute with “Shoe Surgeon” Dominic Ciambrone over his high end customised shoes. He’s apparently allowed limited customization with removal of any Nike IP. StupidDope; SGB Media; hypebeast;...

 Category: Brands and Trade Marks, Disputes and Litigation, Enforce and defend your IP, Increase IP Value, Inventions & Patents, Product Strategy, Risk management

AI & IP – a brief update

Artificial intelligence (AI) is impacting many facets of intellectual property law and practice. We have to keep in mind both the challenges AI presents and the opportunities it creates for innovators...

 Category: Brands and Trade Marks, Copyright and Designs, Increase IP Value, Inventions & Patents, Pursue Excellence, Trade Secrets

Boost Business Value with Intellectual Property

How can you use intellectual property to attract a high valuation and strong investment? Here are a some things to think about: To supercharge all of this, fully integrate your IP...

 Category: Coaching, Increase IP Value, Strategic Advice

Duncan Bucknell