Innovation Agenda 2025/2026 - The latest trends in global patents and trade secrets law

Supreme Court overhauls UK patent law for AI: Emotional Perception AI v Comptroller General [2026] 

A landmark UK Supreme Court decision has overhauled how patentability of AI and computer‑implemented inventions is assessed. The court abandoned the long‑standing Aerotel test and aligned UK law with the European Patent Office’s approach, lowering the threshold for inventions involving hardware to qualify while sharpening scrutiny at the inventive‑step stage. The ruling brings welcome clarity for AI innovators but also signals more rigorous analysis of what contributes real technical value.

Read more here.

Electrolux one year on: what does the long-arm jurisdiction of the UPC mean for the UK? 

Recent case law confirms that the Unified Patent Court can hear infringement actions relating to UK‑validated European patents where it has jurisdiction over the defendant. While the UPC cannot revoke UK patents outright, it can assess validity between the parties and grant injunctions extending to the UK. This significantly alters cross‑border litigation strategy and increases the attractiveness of the UPC for pan‑European disputes.

Read more here.

Standard Essential Patents UK and EU reform update: where are we now? 

The UK and EU are moving in different directions on Standard Essential Patent reform. While the UK is consulting on measures to improve transparency, reduce costs and support SMEs—including a specialist FRAND rate determination track—the EU has withdrawn its proposed SEP Regulation. The result is growing divergence, with the UK positioning itself as a leading forum for resolving complex SEP disputes and the UPC likely to play a larger enforcement role in Europe.

Read more here.

New EU framework for compulsory licensing of patents in crisis situations 

The EU has introduced a new Regulation allowing compulsory licensing of patents and related rights during formally declared crises. Designed as a last‑resort tool, the framework enables EU‑wide licences to secure access to essential products when voluntary licensing fails. Rights holders are entitled to remuneration, trade secrets remain protected, and the regime aims to reduce fragmentation and improve supply‑chain resilience in future emergencies.

Read more here.

The doctrine of equivalents: Patent construction and infringement following the UPC decision in Plant-e v Bioo 

The UPC has issued its first detailed decision on the doctrine of equivalents, introducing a new four‑step test to assess patent infringement beyond literal claim wording. Drawing on German, Italian and UK principles, the approach seeks to balance fair protection for patentees with legal certainty for third parties. The decision marks a turning point in European patent litigation and provides early insight into how the UPC will shape substantive patent law.

Read more here.

The Unitary Patent and Freedom to Operate: a new risk landscape for smaller EU states 

The Unitary Patent system has dramatically increased patent density across participating states, particularly in smaller and mid‑sized markets that previously saw limited patent validation. Data from countries such as Finland and Estonia shows rapid growth in enforceable rights, heightening freedom‑to‑operate risk. Businesses now need more systematic monitoring, earlier design‑around strategies and careful tracking of UPC exposure when operating across Europe.

Read more here.

UK Court rules collation of information remains a trade secret despite contents being used in investor marketing and much of it being publicly available 

A UK High Court decision has confirmed that a carefully curated collection of information can remain confidential—even where individual elements are publicly available and the material has been shared with investors. The court held that it is the formulation and purpose of the information that matters, reinforcing the importance of NDAs and careful information handling. The case also provides helpful guidance on director liability in trade secrets disputes.

Read more here.

Direct damage in the UK required in order to serve out of jurisdiction in trade secrets cases: headquarters or revenue location alone will not suffice 

The Court of Appeal has clarified that English courts will only hear trade secrets claims against foreign defendants where direct damage occurs in the UK. Loss of revenue at a UK headquarters is not enough if the underlying misuse took place abroad. For digital products and cross‑border businesses, the decision highlights the need to plead and evidence specific UK‑based harm when seeking to bring claims before the English courts.

Read more here.

Other Developments

Alongside our core themes, we also track a range of wider legal, regulatory and procedural developments shaping innovation, risk management and IP strategy. You can read highlights of these additional developments in the document linked below.

Other Developments

With thanks also to Akseli von Koch from Heinonen & Co, Attorneys-at-Law Ltd, part of Eversheds Sutherland