In Du Hast, But Not So Fast, I suggested that the apparent hegemony of a few UPC divisions would in time recede under the pressure of practice and appellate calibration. The plot seems to be moving…
In patent law, the concept of “prior art” or “state of the art” describes the universe of information which existed and was made available to the public by means of a written or oral description, by…
T 1913/21 has received attention for nicely illustrating the difference between process claims and second non-medical use claims —a category of claims shaped by landmark Enlarged Board decisions G 2/…
When the Unified Patent Court opened its doors on 1 June 2023, Europe’s patent community held its breath. Most commentators described what had just begun — the first filings, the first injunctions,…
A Full Court of the Federal Court has ruled that certain patent claims to electronic gaming machines (EGMs, also known as "pokies" or "slot machines") are patentable subject matter; allowing an…
On 1 September 2025, Michael Tappin KC sitting as a Deputy Judge of the High Court handed down a judgment in favour of Bayer’s application to strike out Sandoz’s claim for an account of profits under…
In less than 15 days, the Enlarged Board of Appeals (“EBA”) handed down two major decisions in relation to patent validity: (i) one relating to claim construction when assessing the…
The withdrawal of the European Commission’s Standard Essential Patents (SEPs) Regulation proposal earlier this year has left a significant void in EU intellectual property policy. This decision was…
Co-authored by Karlo TinocoBrazilian Court actions are, as a rule, public, with case files accessible to anyone regardless of the reason. This principle of publicity, anchored in the Constitution, is…
The Federal Court’s decision in The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887 has provided a welcome update on the relevant date for assessing the best method knowledge…
