SPC

Looking at the pharmaceutical law reform package prepared by the European Commission it is clear that, quite sadly, incentivizing inventions and innovation in the pharmaceutical industry no longer…

The Swedish Patent and Market Court (“PMC”) recently issued a judgment on an important aspect of SPC law, namely the correct interpretation of the term ‘product’ under Article 1(b) of the SPC…

Although the equation A + B = C seems self-evident (even for a five years old boy: remember you), the fact remains that it needed clarification by the Court of Justice of the European Union ("CJEU"),…

On December 23, the Brussels Enterprises Court issued a significant judgment confirming that Samsung Bioepis' notification complies with the legal requirements for relying on the SPC Manufacturing…

The eagerly awaited CJEU decision on the two joined referrals Teva v. MSD (C-119/22) and MSD v. Clonmel (C-149/22) relating to SPCs for combination products was handed down today on December 19, 2024…

As we are approaching the holiday season, Sweden has a special gift for SPC applicants and proprietors. This comes in the wake of the recent decision PMÄ 7804-24 of November 11, 2024, in which the…

It took longer to arrive than expected but here it is.   The UK Courts have been given an opportunity to depart from the jurisprudence of the CJEU in their interpretation of the SPC Regulation. The…

The SPC reform which is currently undergoing the legislative procedure in the European Union has taken a further decisive step forward, as the European Parliament’s Committee on Legal Affairs (JURI…

Opt-outs are dealt with in Part IV of the UPC Agreement entitled “Transitional Provisions”. The prevailing view is that these provisions should be interpreted to mean that an opted-out patent is no…