As already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO's Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent…
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…
The Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. In order to…
The European Patent Office ‘will consider possible next actions’ together with the EPO Member States after a high-profile decision of a Board of Appeal earlier this week, concerning the patentability…
Why would anyone want to have their own supplementary protection certificate (SPC) revoked? – The answer is, quite simply, Article 3(c).
Under Article 3(c) of Regulation (EC) 469/2009 on SPCs for…
by Adam Lacy and Thorsten Bausch
As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. In…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…
Plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability. The EPO…
(Corrected) The American Food Drug Administration (FDA) will follow the European Medicines Agency from London to Amsterdam because of the Brexit.
That is clear from a report on the website of…
The District Court of the Hague granted a provisional injunction against Sandoz' generic darunavir product. As it was already offered in the G-standard, price erosion was an imminent danger for which…
