Inventive step

207 articles available

The FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and…

AstraZeneca had filed an application for interim relief based on two patents, DK/EP 1250138 T4 (“EP 138”) and DK/EP 2266573 T3 (“EP 573”) against Sandoz, which conceded that to the extent that the…

A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (…

In a case concerning two divisional patents derived from the same parent application relating to  'transcatheter heart valves' or THVs, which can be introduced via a blood vessel, rather than through…

The Court of Appeal dismissed Boehringer Ingelheim’s application for permission to appeal the first instance Patents Court decision that EP (UK) 1,379,220 lacked inventive step.  The Court of Appeal…

Suppose you are a (patent) attorney in a pharmaceutical company and want to advise your company how to best protect the results of a clinical trial designed to find out the best possible treatment…

In one of the saga of cases that involved Societé des Produits Nestlé and companies that are trying to market capsules compatible with Nescafé's Dolce Gusto system, the defendant alleged, among other…

Around this time last year, in Edwards Lifesciences v Boston Scientific [2017], His Honour Judge Hacon (sitting as a High Court Judge) had the opportunity to analyse two interesting aspects of UK…

As readers know well, AgrEvo (T 939/92) is a landmark case in the history of European patent law. In this case, an EPO's Board of Appeal found the patent to meet the "sufficiency" requirement because…