Inventive Step in Europe and the US: Comparing the UPC, EPO and National Approaches

Jamie Barcombe is a solicitor, patent attorney and Unified Patent Court (UPC) representative, making him one of only a few professionals in the UK who represents clients across the full lifespan of their patents. Jamie has a diverse practice advising clients on their intellectual property (IP) strategy, prosecuting robust global patent portfolios, and litigating in the UK and at the UPC. He assists clients in running freedom-to-operate (FTO) analyses related to due diligence for collaborations and acquisitions, and provides guidance on trade secret strategy. Jamie is entitled to represent clients in the English courts, at the UPC, and in front of both the European Patent Office (EPO) and the UK Intellectual Property Office (UKIPO).

Jan Frankhuizen is a Senior IP Strategist in HP's IP Group, leading international IP enforcement. Jan has managed multiple patent infringement actions and applications for preliminary injunctions worldwide, including before the UPC and in Germany. Jan is qualified Dutch and European patent attorney, and UPC litigation attorney.

Anthony Kavanagh is a licensing executive and European litigation counsel for the Irish firm Key Patent Innovations (KPI), where he leads monetization strategy and the development and use of KPI's global portfolio of over 35,000 patents. Previously, in private practice, Anthony represented several major technology and medical device companies. He was especially known for securing protection in hard-to-patent fields such as AI and security. IAM has listed Anthony as a leading IP Strategist and leading patent professional since 2021 stating he is “well-known for his ability to patent the unpatentable”. Anthony has handled inventive-step disputes at the EPO, the UKIPO, the UPC, and in national European courts giving him a comprehensive view of how inventive step is assessed in practice. Anthony came to patent law from research, having worked at the Institute of Cancer Research and at Oxford University. He is a registered UK and European Patent Attorney, a European Patent Litigator (UPC) with a certificate in Intellectual Property Litigation (UK) and has a PhD in atomic physics.