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Volker Tillmann (Hoffmann Eitle)
Patent case: Fensterrollo, Germany
October 11, 2018

The FCJ held that when inventive step is assessed, for each feature of the assessed claim which is not disclosed, i.e. directly and unambiguously derivable, to be considered obvious, an incentive for…

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Sara Moran
Patent case: Sandoz Limited & anr v G.D. Searle LLC & anr, United Kingdom
October 10, 2018

The Court of Appeal decided to stay appeal proceedings and refer a question to the CJEU concerning the circumstances in which an active ingredient that is a member of a class of compounds which fall…

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John Collins, Sumer Dayal (Clayton Utz)
Hold on to your licences – IP exemptions in Australia’s Competition Act set to be repealed
October 09, 2018

On 20 September 2018, the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 (Bill) was tabled in Australia’s House of Representatives. Among the amendments proposed was the repeal of Section…

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Kluwer Patent blogger
Cautious optimism after the first hundred days of EPO president António Campinos
October 08, 2018

 On 1 July 2018, António Campinos became president of the European Patent Office, as successor of Benoit Battistelli, whose authoritarian leadership and conflicts with staff members and union…

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Laurence Lai (Simmons & Simmons LLP)
Top 9 changes to the 2018 EPO Guidelines for Examination
October 01, 2018

The European Patent Office published an advance preview today of its annual update to the Guidelines for Examination which will come into force on 1 November 2018. Here are the main changes and what…

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Kluwer Patent blogger
UK Government guidance on Unitary Patent system in case there is no Brexit deal
September 24, 2018

The UK Government issued guidance today on patent issues to allow businesses and citizens to understand what to do in a ‘no Brexit deal’ scenario. The so-called Technical Notice includes information…

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Kluwer Patent blogger
Crucial months ahead. What will be the fate of the Unitary Patent system?
September 22, 2018

The patent world is holding its breath in expectation of the judgment of the German Federal Constitutional Court (BVerfG) on the complaint that was filed last year against ratification of the UPCA.…

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Roland Schieren (Hoffmann Eitle)
Patent case: Tongeber (Sound Generator), Germany
September 20, 2018

The FCJ confirmed that, when formulating the problem as a starting point for assessing inventive step, it is not permissible to narrow the problem by referring to prior art not cited in the patent.…

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Joseph Arshawsky
Patent case: Nobel Biocare Services AG v. Instradent USA, Inc., USA
September 19, 2018

A catalog published at a trade conference by one of the inventors of U.S. Patent 8,714,977 (the "’977 patent) was publicly accessible to the dental industry in March 2003, and therefore was prior art…

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Thorsten Bausch (Hoffmann Eitle)
The Future of the UK in the UPCA post Brexit is uncertain. But Milano è pronta.
September 18, 2018

A recent study by two eminent scholars from the Max Planck Institute for Innovation and Competition (MPI) on „The Impact of Brexit on Unitary Patent Protection and its Court“, which is available here…

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