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Kluwer Patent blogger
Initiatives to include SPCs in the Unitary Patent system
November 21, 2015

The lack of provisions on Supplementary Protection Certificates (SPCs) is seen as a major flaw in the new Unitary Patent (UP) system. Initiatives have been taken to address this issue and recently…

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Brian Cordery (Bristows)
Clarity on Plausibility
November 17, 2015

Mr Justice Carr has only been sitting as a full time judge for just over a month and yet in his decision of 16 November 2015, he has already produced what this author considers to be a sensible, but…

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Miquel Montañá (Clifford Chance)
ENTREPRENEURS: BEWARE OF EMPLOYEE COMPENSATION RIGHTS ON NON-PATENTABLE TECHNICAL CONTRIBUTIONS
November 13, 2015

Readers will not be surprised on reading that the new Spanish Patent Act, which is due to come into force on 1 April 2017, establishes a remuneration right in favour of employees who have made an…

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Thomas Musmann (Rospatt Osten Pross)
The missing basic patent: Specific Mechanism expands scope of protection during the lifetime of an SPC
November 11, 2015

by Dr. André Sabellek In a recent judgment the Higher Regional Court of Düsseldorf (OLG Düsseldorf) had to deal with the application of the “Specific Mechanism” for parallel imports of…

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Jody Coultas (CCH)
USA: In re Taylor, United States Court of Appeals, Federal Circuit, 2015-1582, 6 November 2015
November 11, 2015

A patent holder’s application to reissue his patent with altered, broader claims was properly rejected by a patent examiner and the U.S. Patent and Trademark Office Patent Trial and Appeal Board…

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Miquel Montañá (Clifford Chance)
Spain: Sanofi-Aventis v. Hospira, Supreme Court of Spain, First Civil Law Chamber, 182/2015, 14 April 2015
November 11, 2015

The assessment of inventive step is a legal assessment which can be reviewed by the Supreme Court through what is known as the "cassational appeal". The Supreme Court confirms the validity and…

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Lars de Haas (V.O.)
EPO: T217/10, European Patent Office, Board of Appeal, 25 March 2015
November 11, 2015

In an appeal from an opposition decision that maintained the patent, an EPO board refused to admit an auxiliary request that had been filed by the proprietor during opposition and formally re-entered…

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Thorsten Bausch (Hoffmann Eitle)
Collapsible Stroller Collides with Germany's Bifurcation System - System Collapses
November 03, 2015

...well not really, but the German Federal Court of Justice has recently issued a decision (Kreuzgestänge, X ZR 103/13) that may expose Germany's "Bifurcation System" to even more questions and…

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Miquel Montañá (Clifford Chance)
The protocol on provisional application and customary International Law: a clever way of preventing France from de-railing the train towards the UPC
November 02, 2015

This month of October will fade away, leaving behind it the "Protocol to the Agreement on a Unified Patent Court on Provisional Application", done at Brussels on 1 October 2015, the purpose of which…

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Jan Lindberg (Attorneys-at-Law TRUST)
Finland: Liability from Unnecessary Interim Measures Re-evaluated (Pfizer v. Ranbaxy)
November 02, 2015

By Jan Lindberg and Kiira Lehtonen About a year ago we had an exceptional case in Finland where Ranbaxy Laboratories Limited, Ranbaxy UK Limited and Ranbaxy Pharma AB (“Ranbaxy”) were awarded…

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