Last week, the Patent Trial and Appeal Board of the U.S. Patent Office (PTAB) issued eight decisions in Inter Partes review and Covered Business Method proceedings, in each case invalidating at least…
Article 123 (2) EPC and corresponding national provisions prohibit an applicant or patentee from amending a patent application or patent such that its subject-matter extends beyond the content of the…
The later finding of the biological relationships underlying the activity of a drug does not constitute a new teaching for technical action if the indication, the dosage and the way of using the drug…
The FCJ held that the right to claim priority, which is in fact the right to file a follow-up application, can be transferred to a third party who was not the applicant of the earlier application.…
The readers will recall that on 18 July 2013, the European Court of Justice ("ECJ") handed down its controversial judgment in case C‑414/11 Daiichi Sankyo Co. Ltd, Sanofi-Aventis Deutschland GmbH v.…
In preliminary injunction proceedings: to fulfil the requirement of urgency a patentee must actively and with determination enforce the patent. A patentee does not have to wait for the outcome of…
As a rule, an applicant has a right to inspection of respondent’s premises in order to prepare a claim for damages due to illegal exploitation of secret know-how. The applicant must designate…
Owing to the amendments to the German Patent Act (GPA) passed with the so-called Patent-Act Amendment Act of October 19, 2013 (Federal Gazette 2013, 3830), a number of user-friendly changes have been…
The Board of Appeal used its discretionary power to declare inadmissible an appeal based on the claims as granted after the proprietor had only defended amended claims before the opposition division…
The Court of Appeal of Burgos dismissed the appeal against the Judgment of the Provincial Court of Burgos, which upheld a patent for a pharmaceutical composition and its use, despite the fact that…
