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IP Cases & Articles
" > Petitioning for "the right to be heard"
Decisions of the European Patent Office (EPO) may only be based on grounds or evidence on which the parties concerned have had an opportunity to present their comments (Article 113(1) EPC). As discussed below, decision R2/14 provides further guidance on when parties to an appeal may have a case for… -
IP Cases & Articles
The patentability of plants in Europe
In March 2015, the Enlarged Board of Appeal at the European Patent Office (EPO) decided in G 2/12 (Broccoli II) and G 2/13 (Tomatoes II) that the exclusion to patentability of essentially biological processes (Art. 53(b) EPC) must be interpreted narrowly and thus the exclusion did not extend to the… -
IP Cases & Articles
Patentability of products of biological processes
In our December patent newsletter [see note 1 below] we reported the publication of a notice from the European Commission on its interpretation of certain aspects of the so-called 'Biotech Directive' (Directive 98/44/EC). A conclusion of the notice was inter alia that under Article 4 of the Biotech Directive, there… -
IP Cases & Articles
Cambodia to recognise European patents
Cambodia has signed an agreement to allow the validation of European patents in its territory. The agreement means a single European patent application can grant protection in up to 43 European and non-European countries. -
IP Cases & Articles
CJEU decides on correction of SPC expiry dates
The Court of Justice of the European Union (CJEU) has decided for a second time on the issue of how to calculate the correct expiry date of a supplementary protection certificate (SPC). The decision is good news for SPC applicants as it may lead to extra days being added to… -
IP Cases & Articles
SPC combination products - Teva v Gilead Sciences
To be eligible for a Supplementary Protection Certificate (SPC) a product must be protected by a basic patent in force (Article 3(a) of the SPC Regulation). Despite numerous previous referrals to the Court of Justice of the European Union (CJEU), national courts continue to face difficulties in determining when this… -
IP Cases & Articles
Declarations to address divisional applications
Divisional applications can pose a significant problem to a party that wishes to clear its path to market. This article looks at the case of Arrow Generic Limited V Merck & Co Inc as an example. -
IP Cases & Articles
EPO appeals - admission of late-filed documents
In the recent decision T971/11, a European Patent Office (EPO) Appeal Board held that it does have the discretion to admit a late-filed document even though the Opposition Division had exercised its discretion not to admit the document. -
IP Cases & Articles
Samsung v Apple - US design patents
The US Supreme Court rarely considers the law relating to US registered designs (or 'design patents' in US terminology), but it has recently done so, and on 06 December 2016 it issued a decision which restores an element of common sense to how to decide the quantum of damages to… -
IP Cases & Articles
G 1/15 resolves question of poisonous priorities
The Board of Appeal have now released their written decision in respect of case G1/15 (appeal number T0557/13).
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