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Thorsten Bausch (Hoffmann Eitle)
UKIPO gains new powers to revoke patents which fail a novelty or obviousness test – but only if ‘clearly invalid’
November 06, 2014

by Dr Mark A G Jones The UK’s Intellectual Property Act 2014, enacted to implement recommendations of the 2011 Hargreaves Review of Intellectual Property, has extended the powers available to the…

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Kluwer Patent blogger
17th Draft Rules of Procedure Unified Patent Court available
November 03, 2014

The 17th Draft Rules of Procedure for the Unified Patent Court have been published on 3 November on the website of the Unified Patent Court. A hearing on the new Draft is planned for 26 November…

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Miquel Montañá (Clifford Chance)
Barcelona Court of Appeal publishes most surprising Judgment on pharmaceutical patents, the role of the CJEU, and Art. 70.7 of TRIPS
October 30, 2014

1. Introduction: Over the last decade, in some of the countries that did not introduce patent protection for pharmaceutical products until 1992, there has been an intense debate which has included,…

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Kluwer Patent blogger
‘Pro-patent bias is a serious risk at the Unified Patent Court’
October 30, 2014

‘When all you have is a hammer, everything looks like a nail.’ At the EU Patent Package Congress in Brussels, organized on 17 October by the universities of Antwerp en Louvain attended by Kluwer IP…

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Dr. Ingve Björn Stjerna
Spanish nullity actions against “unitary patent” Regulations: The CJEU, the procedures at the EPO and the impact on the Unified Patent Court Agreement
October 27, 2014

by Rechtsanwalt Dr. Ingve Björn Stjerna, LL.M., Certified Specialist for Intellectual Property Law, Düsseldorf. This article reflects the personal opinion of the author. In Spain’s nullity…

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Ruprecht Hermans (Brinkhof)
MSD v. Mylan: conflicting views
October 25, 2014

by Jan Pot and Ruprecht Hermans MSD’s European Patent for treating baldness, EP 0 724 444 (‘EP 444’), has been the subject of a number of (in)validity decisions throughout Europe, with differing…

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Brian Cordery, Naomi Hazenberg (Bristows)
Gemalto’s UK appeal dismissed
October 24, 2014

Appeal (Ref [2014] EWCA Civ 1335) has upheld Birss J’s decision last year in HTC v Gemalto (Ref [2013] EWHC 1876 (Pat)) but has found that he erred on a point of construction. The appeal concerned…

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Kluwer Patent blogger
‘Real discussion on Unitary Patent renewal fees has not started yet’
October 23, 2014

‘The unitary patent (UP) package is a strange animal.’ Margot Fröhlinger has no problem admitting that. As Principal Director Patent Law and Multilateral Affairs of the EPO she is closely involved in…

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Anders Valentin (Bugge Valentin)
Can the validity presumption in Danish PI proceedings be weakened due to lacking prosecution steps?
October 22, 2014

Since July 2013 when the Danish Maritime & Commercial Court (MCC) took over as IPR specialty court in Denmark for PI cases also, the technical judges have taken part in the adjudication of PI…

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Thorsten Bausch (Hoffmann Eitle)
New "PCT Direct" Service of the EPO - an opportunity for PCT applicants at the EPO to comment on objections raised by the EPO in an earlier search
October 22, 2014

The September edition of the Official Journal of the EPO contained some important news for applicants who file international applications at the EPO claiming priority from European and national…

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