Bruce C. Dearling

AI. Luxembourg

Counsel & Former Judge
"With great pleasure I remember our cooperation in various intellectual property matters whilst you were in charge for the group HUSKY of these crucial aspects for this industrial undertaking".

MGL

London
“Thanks for your great assistance over the last four years. Your energy and enthusiasm, and your feel for telecoms technology, have not only been second to none, but have helped the firm make substantial steps in its development.”

Email: bcd@hepworthbrowne.com

Bruce has extensive experience in patent prosecution particularly in the fields of software, computer-implemented inventions “CIIs,” extensive aspects of cellular, wireline and optical telecommunications systems, and AI technologies. He has significant lead experience in IP litigation to Supreme Court level, including controlling responsibility as the directing mind for the enforcement of leading-edge cases in cross-border evidence seizures, trade secret theft, and database rights in national and multi-jurisdictional venues.

With consistently being in the vanguard of legal argument, decisions from Bruce’s cases before the EPO’s Board of Appeal have been included in editions of its published case law. His foresight and considered guidance have resulted in the setting of legal standards in the field of computing and AI, with this including directing responsibility for the decision in Emotional Perception’s Application now in appeal before the U.K. Supreme Court. Emotional Perception’s Application defines the patentability of artificial neural networks “ANNs,” the differences of ANNs relative to computers and the legal definition of the latter, the limitations of the exclusions to patentability of “programs for computers” and “mathematical methods” in Section 1 of the U.K. Patents Act (and by implication Art.52(2) EPC), and the correct approach to the assessment of technical contribution. The Supreme Court decision will have, according to statements by his peers, a ‘profound international impact both in law and for technologies by resolving fundamental legal questions that have remained open since the 1970s.’

Aspects of Bruce’s work are looking to break down what is truly meant by the term “as such” having regard to the Travaux Préparatoires EPC 1973.

As an IP strategist and counsellor, Bruce’s approach is to establish an effective partnership with his clients. This proven approach has aligned IP rights with his clients’ evolving commercial needs thereby maximising or reinforcing market dominance, securing seed and/or longer-term investment and optimising their return on investment.

For multiple terms, Bruce served as an elected member of council of the epi, including roles on the Standard Advisory Committee before EPO, the EPPC and the Disciplinary Committee. Bruce is multi-nationally qualified as “conseil,” and has previously advised government on topics of IPR support, including IPR corporation tax rates.

At the University of Luxembourg, Bruce was an associate professor, course designer and ‘chargé de cours’ for post-graduate MSc studies dealing with the protection of software with IPR. He also lectured to undergraduate students in the engineering and computer science faculties on the fundamentals and importance of IPR in business.

Bruce is also a registered UK trade mark attorney, with significant experience in all aspects of corporate branding and designs, including proceedings before the EUIPO (formerly the OHIM).