A patent applicant is not obliged to prove the industrial applicability of an invention. It is the Patent Office which must prove the lack thereof.
A full summary of this case has been published on…
Arbitration courts established to resolve conflicts between patents and generic or reference medicaments do not have jurisdiction to decide on the validity of the patent, even when it is argued as a…
The seizure of evidence is part of every patent litigator’s (pre-trial) arsenal. To some extent this measure is harmonised by the Enforcement Directive (art. 6 Directive 2004/48/EC). However, it does…
An accused party’s belief in the invalidity of a patent is not a defense to a claim that the party induced infringement of the patent, the U.S. Supreme Court has held. In a dispute between Commil USA…
On 28 May 2015, the English Court of Appeal issued a ruling in the on-going Lyrica saga which, although almost certainly not representing the last word on the topic, took a markedly different…
By Mark Schweizer, Reinhard Oertli and Simon Holzer
The Swiss lawmaker plans to introduce a new exemption from patent protection for physicians and pharmacies. The new exemptions aims to protect…
The legendary deficient regulation of supplementary protection certificates ("SPCs") has caused the Spanish Patent and Trademark Office (the "SPTO") and Spanish Courts to struggle as to whether or…
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…
In March 2015 the European Patent Office presented two proposals to the Select Committee for the level of renewal fees of the future Unitary Patent. The proposals were presented as the “Top 4” and “…
The European patent community and especially the people involved in the preparation of the Unified Patent Court were stirred up in March 2015 by an action launched before the Belgian Constitutional…
