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Kluwer Patent blogger
ILOAT cases: EPO repays excessive strike deductions, tensions remain
October 01, 2021

Two months after a series of ILOAT judgments stating that former EPO president Benoit Battistelli abused his power by implementing new rules to restrict the rights of staff members to strike in 2013…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
A Japanese version Amicus Brief system will be introduced in spring 2022
September 30, 2021

On 14 September 2021, the Japan Patent Office (JPO) announced that most of the amendments to the Patent Act and other intellectual property laws, which were promulgated on 21 May 2021, will come into…

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Kluwer Patent blogger
Germany and Slovenia ratify Protocol on Provisional Application Unified Patent Court
September 28, 2021

Germany and Slovenia have ratified the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement.  According to a report of the UPC Preparatory Committee, the German…

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Nick Michelmore, Katie Cambrook (Bristows)
Patenting AI inventions in the UK
September 28, 2021

Can an artificial intelligence (“AI”) machine be an inventor and can the machine’s owner apply for a patent? These were two of the key questions which the Court of Appeal grappled with in Thaler v…

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Matthieu Dhenne (Dhenne Avocats)
AI as an inventor: when patent law is locked up in modern times mythology (a brief history of the inventor notion)
September 28, 2021

Two recent decisions in South Africa and Australia have accepted the fanciful thesis that an AI could be an inventor. I have no intention of commenting these decisions here, I simply want to try to…

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Miquel Montañá (Clifford Chance)
Don't try to find in your usual dictionary what the terms of the claim mean
September 27, 2021

In our blog of 27 August 2021, we explained that the Barcelona Appeal Court (Section 15), in a very interesting Ruling of 16 October 2020, decided that the claims as amended before the EPO Boards of…

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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, Monica Ortel (Ropes & Gray LLP)
U.S. District Court Adopts Expansive Definition of aBLA “Submitter”
September 20, 2021

Submission of an abbreviated Biologics License Application (“aBLA”), under the Biosimilar Price Competition and Innovation Act of 2009 (“BPCIA”), for a biosimilar version of an already-approved…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
Japan: The IP High Court has clarified that the Japanese Bolar exemption covers clinical testing for not only “generic” but also “innovator” drugs
September 16, 2021

In the pharma industry, constant battles have been taking place for many decades  between innovators and generics.  More recently, battles among innovators have also started to occur.  This post…

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Enrico Bonadio (City St. George’s, University of London), Giovanni Trabucco (Bocconi University)
Standard Essential Patents in Italy: a review of the existing case law (Part II)
September 15, 2021

In April Enrico Bonadio, Luke McDonagh and Francesco Chierichetti reported in this blog four decisions in Italian SEP-related litigations. Since then, thanks to further research and inputs from…

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Roberto Castro de Figueiredo
Brazilian President’s Assent to the Bill on the Compulsory Licensing of COVID-19 Vaccines’ Patents
September 14, 2021

The Brazilian President gave his assent to the bill introducing new rules on the compulsory licensing of patents, which facilitates the compulsory licensing of COVID-19 vaccines’ patents. The…

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