The Court of Appeal upheld the High Court's judgment that HGS' patent relating to a new protein called Neutrokine-α was invalid for lack of industrial application. The Court of Appeal agreed with the…
The case concerned the validity of a ‘selection patent’. The Court of Appeal held that there is no special approach to be adopted in determining the validity of selection patents and that UK law…
The Federal Court of Justice presented the following questions to the European Court of Justice: 1. How should the term 'human embryos' in Article 6 para. 2 lit. c Directive 98/44 EC be understood? a…
Correction of a letter of withdrawal under Rule 139 EPC is only possible if the public has not yet been officially informed about the withdrawal.
A full summary of this case has been published on…
In case of parallel proceedings before a national court and the Boards of Appeal, parties should inform both tribunals of this position as early as possible. In order to avoid duplication of…
This decision of the Board of Appeal covers two questions of interest: 1) May an Opposition Division include an obiter dictum in its decision? (The answer in this case is yes.) 2) To what extent is…
1. According to the EPC, the right to object to a member of a Board of Appeal or of the Enlarged Board of Appeal is reserved to the party to the proceedings who suspects partiality in such a member…
Following decision G 1/03, the Board concluded that a disclaimer that is used to remove subject-matter falling under the prohibition of Article 53(a) EPC in combination with Rule 28(c) EPC, is…
The Court of Appeal has overturned the High Court's finding of non-infringement, holding Napp's divisional patents, relating to controlled release formulations of a painkiller called oxycodone, to be…
