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IP Cases & Articles
Universal Successor: T1421/05 and T0261/08
The circumstances in which the transfer of an opposition to a patent at the European Patent Office (EPO) can or should take place is an area where care is needed, particularly where an appeal is involved. The risk of getting a transfer wrong is that you lose your chance to… -
IP Cases & Articles
Myriad: Association for Molecular Pathology
On 29 July 2011, the Federal Circuit issued its much anticipated decision on the ‘Myriad case’. The court held that that claims directed to isolated DNA were patent eligible but diagnostic claims that relate to ‘comparing’ or ‘analysing’ sequences were patent ineligible. -
IP Cases & Articles
Surgical Methods G1/07 – Tech Board of Appeal T0663/02
What is a 'surgical method'? In the wake of Enlarged Board of Appeal (EBA) decision G1/07 which supposedly provided clarity on this point, many patent attorneys have had sleepless nights when formulating claims which require a step of 'injecting' a compound into a subject. -
IP Cases & Articles
Patenting Genes and Diagnostics
This article was originally published by Life Sciences Intellectual Property Review. -
IP Cases & Articles
MedImmune v Novartis: Obviousness and Lack of PriorityÂ
The judgment by Mr Justice Arnold runs to 161 pages, and relates to a large family of patents jointly owned by MedImmune and MRC, which were directed to antibody phage display technology. Allegedly these patents were infringed by Novartis’ sale of Lucentis (chemically named ranibizumab), which is a treatment for… -
IP Cases & Articles
CJEU Stem Cell Patents: Brüstle v Greenpeace (C-34/10)
The Court of Justice of the European Union (CJEU) today 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
Generics UK (Mylan) v Novartis: EWHC 2403 Rivastigmine
The High Court has recently handed down judgment resulting in the revocation of the Novartis patent and SPC relating to rivastigmine (Exelon®). This is a further action where the Court was faced with a patent relating to the resolved enantiomer of a prior art racemic compound. Unlike the previous occasions,… -
IP Cases & Articles
America Invents Act - A European Perspective
On 16 September 2011, President Obama signed into effect the America Invents Act (AIA). Over the course of the next 18 months, this act will introduce sweeping changes to how US patent applications are examined and to how disputes can be handled in the USA. As European patent attorneys, and… -
IP Cases & Articles
UK Quick Grant: 5 Ways to Accelerated Prosecution
The UK Intellectual Property Office (UK IPO) provides patent applicants with plenty of options for accelerating prosecution of their UK applications with a view to achieving grant more quickly. While in some circumstances applicants may find an accelerated prosecution undesirable, achieving grant quickly has its benefits. Grant is required for… -
IP Cases & Articles
CJEU C-34/10 - European Stem Cell Industry
Replacement neurons to treat spinal cord injury, insulin-producing cells to treat diabetes, dopamine-producing neurons to treat Parkinson’s disease... the possibilities are endless. As embryonic stem cells are undifferentiated, they theoretically have the ability to develop into any one of the specialised cell or tissue types found in the human body.…
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