A panel of the Enlarged Board of Appeal (EBA) of the EPO rejected a request to replace the EBA chairman for suspected partiality. The reasons for allowing such a request in decision R19/12 had since…
The Bundesgerichtshof (German Federal Court of Justice) in the decision Audiosignalcodierung (judgement of 3 February 2015, X ZR 69/13) confirmed the principle established in the Bundesgerichtshof…
Myles Jelf (Bristows LLP) talks about the difficulty with software patents. The difficulty arises from a need to identify the dividing line between the pure algorithm which should not be patentable…
John Richards (Ladas & Parry LLP, New York) identifies the problem that filing a patent involves a prior art search which is probably not as focussed as searched that occur in litigation and…
Penny Gilbert from Powell Gilbert LLP explains the position of biosimilars in the pharmaceutical industry. Biosimilars are essentially generic versions of biologics. Traditional generic compounds are…
Adam Mossoff (Professor of Law, George Mason University) states that much of the focus in the USA is around litigation, but patents are not simply tools for litigation, they are commercial assets.…
Justin Watts (Freshfields) asked whether the strict test for priority fails to appreciate the early stage at which the inventor will be enunciating the invention (often in multiple jurisdictions). He…
Marleen H J van den Hors (BarentsKrans in the Netherlands) dealt with the interesting question of enforcement of second medical use patents and suggested that regulatory changes might be required to…
There has been an explosion of anti-trust cases at the EC, which is of concern to the Deputy Director for Antitrust (European Commission) Cecilio Madero Villarejo. Some of these cases involve non-EU…
A panel of international judges gave their interesting perspectives on the tribunals on which they serve and the cases which they hear.
Annabelle Bennett (Federal Court of Australia) discussing case…
