Expanding on its 2016 Cuozzo decision, the U.S. Supreme Court holds that the "no appeal" provision of 35 U.S.C. § 314(d) precludes judicial review of the agency’s application of Section 315(b)’s time…
On July 14, a Brazilian Congressman Mr. Alexis Fonteyne presented a Patent Bill proposing key amendments to the Patent Statute (Law No. 9,279 of 1996). The proposal represents an important…
As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is…
Introduction
In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by…
As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account…
In September 2021, Brazilian Congress passed a law changing the compulsory licensing landscape as a political answer to the impact of the Covid-19 pandemic. Initially, Congress wanted to include new…
Because the patent failed to disclose the absence of a loading dose, the no-loading-dose limitation was without adequate written description support.
A divided Federal Circuit panel has reconsidered…
The first of March 2023 seems to be a likely date the Unified Patent Court will open its doors.
This became clear yesterday during the Unitary Patent Package Conference in Amsterdam. On the same day…
The start of operations of the Unified Patent Court can reasonably be expected to occur in early 2023. This was announced on the website of the UPC today.
‘On 8 July 2022, the Administrative…
Barcelona Commercial Court no. 5 - arguably Spain's most active patent court - rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a…