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IP Cases & Articles
Raytheon: On-demand instantiation in a computing system
On the 22 June 2016 the Technical Board of Appeal issued its decision (T 1742/12) regarding an appeal concerning the selection of closest prior art when it is ambiguous as to which document is closest to the claimed arrangement. -
IP Cases & Articles
Patent litigation: expedited cases and numerical limits
In our October 2016 newsletter we commented on patent litigation in the UK in the light of Brexit. As we noted there, UK patent litigation proceedings have a strong reputation for quality, which will endure, and real efforts are being made to improve costs and efficiency. -
IP Cases & Articles
Undisclosed disclaimers - Enlarged Board of Appeal
New questions have been referred to the EPO Enlarged Board of Appeal regarding the allowability of disclaimers. -
IP Cases & Articles
Hospira v Genentech - Herceptin formulation obvious
In July this year, the Court of Appeal handed down a decision in Hospira v Genentech [2016] EWCA Civ 780 which upheld the decision by Birss J in November 2014 to revoke the two Herceptin formulation patents for obviousness and added matter. -
IP Cases & Articles
Warner Lambert v Actavis: Swiss form claims
The Court of Appeal has decided the latest instalment of the pregabalin second medical use litigation between Warner-Lambert (part of Pfizer) and Actavis (and other generics manufacturers) in the UK. -
IP Cases & Articles
Eligible subject-matter USPTO two-step test
Under US patent practice, laws of nature, natural phenomena and abstract ideas are not patentable. -
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.
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