In China, a patent owner’s statements made during prosecution or invalidation may give rise to prosecution history estoppel (or prosecution disclaimer), which precludes the patent owner from…
The strict formalistic approach adopted by the EPO on many issues can easily lead to the applicant being trapped between various requirements of the EPC. One particularly well-known problem is the…
The juxtapositon of patent limitations in national nullity proceedings and before national patent offices on the one hand and according to article 105a EPC on the other hand is a hotly debated issue…
The main principles applicable for assessing whether a non-disclosed disclaimer meets the requirements of Article 123(2) EPC have been laid out in the decision G 1/03 of the Enlarged Board of Appeal …
The Paris District Court clarified its interpretation of Article 123 EPC regarding disclaimer allowability and allowed a disclaimer restoring novelty of a patent.
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The Court decided it has jurisdiction in preliminary proceedings in respect of the alleged unlawful act by a Dutch company, consisting of facilitating - as the holder of a marketing authorization -…
Litigation and EPO Oppositions/Appeals surrounding a controlled-release dosage form of the drug oxycodone, a morphine-like opioid analgesic developed in 1918, has kept Europe's Pharma IP Lawyers busy…
G2/10 – DISCLAIMERS FOR DISCLOSED SUBJECT-MATTER
by Nadja Muncke and Klemens Stratmann
On August 30, 2011 the Enlarged Board of Appeal rendered its decision on the admissibility of a disclaimer whose…
The Borgarting Court of Appeal overturned the district court decision which revoked the patents in suit for lack of inventive step. The Court held that even if oxycodone had been known and used to…
