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IP Cases & Articles
Broccoli 2nd Referral Concerns Product-by-Process Claims
Previously, questions were referred to the European Patent Office's Enlarged Board of Appeal (EBA) concerning methods of producing brassicas with elevated levels of anticarinogenic glucosinolates (the so-called 'broccoli case'; EP1069819 - T 83/05). The questions were joined with similar questions from the so-called 'tomato case' (EP1211926 – T1242/06). -
IP Cases & Articles
The Patentability of Gene Sequences in the USA
In the much awaited Myriad decision (Association for Molecular Pathology v Myriad Genetics Inc 12-398) on the patentability of gene sequences, the US Supreme Court unanimously held that a naturally occurring DNA segment is a 'product of nature' and is not patentable subject matter merely because it has been isolated.… -
IP Cases & Articles
USPTO Patents for Humanity Winners Announced
In April 2012 we reported on the US Patent and Trademark Office’s (USPTO’s) competition ‘Patents for Humanity’. -
IP Cases & Articles
Proposed Modernisation of the UK IP System
The UK government has announced an intellectual property Bill which aims to modernise the IP system in the UK so that it “operates more efficiently, is clearer and is more accessible”. -
IP Cases & Articles
Stem Cell patent news: Brstle Patent and Parthenotes
As previously reported in this newsletter (1), the question of the patentability of technology based on the use of human embryonic stem cells (hESC) was considered in the Court of Justice of the European Union (CJEU) referral Brüstle v Greenpeace (C-34/10) in October 2011. The CJEU referral related to a… -
IP Cases & Articles
Patenting in India: Novartis Loses Glivec Patent Battle
The Supreme Court of India recently rejected Novartis AG’s attempt to win patent protection for an updated version of its cancer drug Glivec. This landmark judgment has been roundly criticized by pharmaceutical companies but praised by public health activists, who said it would protect India’s ability to make inexpensive generics… -
IP Cases & Articles
Patent Protection in the Middle East - An Introduction
Much of the tremendous growth and development of countries in the Middle East over the past 30 years or so has traditionally come from oil and gas revenues, particularly in those countries surrounding the Gulf region. However, there has been increasing focus on investment in technology as the Gulf states… -
IP Cases & Articles
Apple v HTC Exclusion of Computer Programs as Such
Although the ongoing battle between Apple v Samsung has taken centre stage in the smartphone wars, one other skirmish in the UK involved Apple and a different opponent - the Taiwanese company HTC. Peace broke out in this skirmish at the end of 2012. However, recently, the Court of Appeal… -
IP Cases & Articles
stle" case" > EPO revokes patent in the "Brstle" case
In October 2011, The Court of Justice of the European Union (CJEU) issued its decision in Brüstle v Greenpeace (C-34/10), which relates to the patentability of technology based on the use of human embryonic stem cells (hESC). -
IP Cases & Articles
Unitary Patent - First Session Held by Select Committee
The Unified Patent Court Agreement was formally signed by the 24 participating Member States on 19 February 2013. This was a formal stage in the process towards the creation and implementation of the Unified Patent system. There are still a number of important details that need to be finalised (such…
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