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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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Thomas Musmann (Rospatt Osten Pross)
To suspend or not to suspend – Bundesgerichtshof on bifurcation
October 22, 2014

by Hetti Hilge In two recent and surprising decisions the Bundesgerichtshof (German Federal Court of Justice) clarified the effects of a first instance decision nullifying the patent in suit on the…

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Kluwer Patent blogger
‘Renewal fees of the unitary patent are not meant to sustain national patent offices’
October 20, 2014

‘It’s one big mess.’ At times Emil Pot, co-founder and general counsel of biopharmaceutical company ActoGenix, had difficulty containing his frustration at the Congress on the EU patent package,…

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Thorsten Bausch (Hoffmann Eitle)
Public Prior Use of a Pharmaceutical Preparation (T 2458/09)
October 20, 2014

Although more than 20 years have passed since the Enlarged Board of Appeal issued its decision G 1/92, there is still little case law which provides guidance on how to establish the structure and…

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Pierre Véron (Véron & Associés)
Is paying for a licensed but later invalidated patent contrary to Article 101 of the TFEU?
October 18, 2014

Pierre Véron and Amandine Métier, Véron & Associés On 23 September 2014, the cour d’appel de Paris, in Genentech v. Hoechst and Sanofi Aventis Deutschland, Docket № 12/21810, decided to refer to…

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Pieter Callens (Eubelius)
Prototype of UPC case management system online
October 17, 2014

Since last week the prototype of the case management and efiling software for the Unified Patent Court is online for testing purposes. In Brussels, Paul Van Beukeringen (chairman of the preparatory…

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Finance
Miquel Montañá (Clifford Chance)
Will the new Spanish Patents Act introduce "protective writs" in Spain?
October 16, 2014

In September of 2013 the Spanish Patent and Trademark Office ("SPTO") published a draft Patents Act, which will hopefully be approved by Parliament within the next few months, assuming that the…

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Brian Cordery, Gregory Bacon (Bristows)
Obvious to try attacks remain topical even if they take a different path
October 15, 2014

The English Patents Court (Birss J) recently demonstrated a somewhat unconventional approach to answering the statutory question of obviousness when assessing inventive step*. The judgment also…

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