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Brian Cordery, Laura Reynolds (Bristows)
SPCs based on 3rd Party Marketing Authorisations – Finally a Question is Referred
March 04, 2019

On Friday 1 March 2019, Arnold J handed down his judgment in the patent dispute between Eli Lilly and Genentech regarding IL-17A/F antibodies*1. This lengthy judgment, which as the Judge observed: “…

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Scott King, Matthew Hoyles (GJE Intellectual Property)
Computer implemented simulations referred to the Enlarged Board of Appeal
February 28, 2019

Today, in the decision T 0489/14 the EPO’s Boards of Appeal published their referral of three questions relating to computer implemented simulations to the Enlarged Board of Appeal. Referrals to the…

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Miquel Montañá (Clifford Chance)
Wolters Kluwer publishes a Practitioner's Guide covering almost everything you need to know about SPCs
February 26, 2019

One has to have a lot of courage to accept the task of coordinating a book on Supplementary Protection Certificates ("SPCs"). The immense variety of the facts discussed in the numerous cases that…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
SPCs not available for animal feed additives
February 25, 2019

The fundamental question which types of products are amenable to SPC protection and which types of marketing authorizations allow the filing of SPCs has aroused much controversy in Europe, and…

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Kluwer Patent blogger
German complaint against UPCA ratification on 2019 decision list Constitutional Court
February 21, 2019

The Federal Constitutional Court of Germany (BVerfG) intends to decide on the complaint against German ratification of the Unified Patent Court Agreement this year. The case (2 BvR 739/17) is on the…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
Legislative breakthrough: SPC manufacturing waiver to be introduced for export and stockpiling
February 20, 2019

The introduction of an SPC manufacturing waiver in the European Union is now all but a done deal. Following the European Commission’s initial proposal for a regulation amending Regulation (EC) 469/…

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Andrea Sommer (ANDREA SOMMER Patentanwälte PartG mbB)
Visser's Annotated European Patent Convention
February 11, 2019

Visser's Annotated Patent Convention, the 2018 Edition, previously known as the Annotated European Patent Convention, was published on 15 December 2018. The new 2018 edition of this preeminent work…

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Joshua Price (GJE Intellectual Property)
T1085/13: A crystal-clear test for purity
February 06, 2019

This recent decision from an EPO Board of Appeal is a rather satisfying development in how patentability (especially novelty) of purity claims is assessed at the EPO.  This case may be seen as…

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Thorsten Bausch (Hoffmann Eitle)
T 1063/18 is out. A Peppery Decision!
February 05, 2019

The much awaited decision T 1063/18 by Technical Board of Appeal 3.3.04 in a five-member composition has been published today. The patent application under appeal related to new pepper plants and…

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Oswin Ridderbusch, Alexa von Uexküll (Vossius & Partner)
SPC manufacturing waiver enters final legislative stage in the EU, with possible extension to allow stockpiling
February 04, 2019

The introduction of an SPC “manufacturing waiver” in the European Union, aimed at boosting the competitiveness of EU-based generics and biosimilar industry, gains momentum as the current EU…

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