The USPTO has issued new Guidance For Determining Subject Matter Eligibility to help examiners apply the principles of Myriad and Prometheus to any claim "reciting or involving laws of nature/natural…
The use and circulation of a product which has been put on the market by the patentee or a third party acting with the consent of the patentee (e.g. a licensee) cannot be prohibited by the patentee…
The EPO Board of Appeal 3.2.06 decided on 20 February 2014 to refer the following question to the Enlarged Board of Appeal:
“Is an appeal inadmissible or not deemed to have been filed, if both the…
UPC aficionados will be interested to learn that the 16th draft of the Rules of Procedure was unveiled yesterday.Readers will remember that the previous draft was published on 31 May 2013. Since then…
In our previous blog Opting out and Opting in we discussed some of the questions regarding the transitional regime under the Unified Patent Court Agreement (UPCA). Due to its importance and ambiguity…
General disadvantages of fixed-dose combinations cannot reduce the reasonable expectation of success derivable from the prior art with respect to the formulation of a pharmaceutical composition…
1. Also in case a dependent claim is patentable on its own, fulfillment of all features of both the main claim and the dependent claim is required for infringement.
2. The scope of a patent is…
The Court of Appeal Düsseldorf held that the offering of certain products by the defendants was not covered by the scope of the patent due to the specific "Swiss type" wording, which does not grant…
Eugen Seitz AG v KHS Corpoplast GmbH and Norgren AG [2014] EWHC 14 (Ch) is an interesting case relating to the valves in stretch blow moulding machines used to make plastic bottles. The patent was…
In the last instance, the Consiglio di Stato (the Italian supreme administrative court) established that Pfizer did commit abuse of a dominant position while it obtained and enforced in Italy its SPC…
