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Miquel Montañá (Clifford Chance)
Will the New Year bring the rule of law to the EPO?
December 29, 2021

According to article 1 of the European Patent Convention (EPC), “a system of law, common to Contracting States for the grant of patents for inventions is established by this Convention.” So, at first…

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Matthieu Dhenne (Dhenne Avocats)
XIAOMI Case: Paris, the “New World” of FRAND
December 27, 2021

I have already mentioned on many occasions on this blog the difficulties that FRANDs were causing regarding the choice of jurisdiction and the increasingly favorable position of French Courts to SEPs…

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Enrico Bonadio (City St. George’s, University of London), Anushka Tanwar (University School of Law and Legal Studies, New Delhi)
Time for SEP consultations in UK and US
December 23, 2021

The UK and US governments have recently launched calls for views regarding their SEP and FRAND policies, in order to understand the opinions of all the stakeholders, such as patent owners,…

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Matthieu Dhenne (Dhenne Avocats)
UPC: The John Doe of Patent Law
December 16, 2021

The Unified Patent Jurisdiction is coming! It is announced that the system will be operational by 2022. Great! But no information on its implementation, European governments seem to be barely aware…

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Thorsten Bausch (Hoffmann Eitle)
EPO's Boards of Appeal to Move Back to Munich
December 14, 2021

Breaking News: The President of the Boards of Appeal and the President of the Office jointly propose to the Administrative Council to re-locate the Boards of Appeal from Haar to the building Pschorr-…

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Kluwer Patent blogger
‘Unitary Patent system is an arbitrary and ailing hybrid monster mix’
December 09, 2021

Due to recent developments in Germany, Slovenia and Austria, where parliaments gave their support to the Protocol for Provisional Application of the Unified Patent Court Agreement, it is likely that…

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Daniel Graetsch (Krieger Mes & Graf V. Der Groeben)
Patent case: Nichtigkeitsstreitwert III, Germany
December 09, 2021

The Federal Court of Justice has dealt with the important question of how the amount in dispute in patent nullity proceedings is to be determined with regard to a standard-essential patent. In…

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Charlotte Jacobsen (Gibson, Dunn & Crutcher LLP), Filko Prugo, Meredith Foor (Ropes & Gray LLP)
Recent Trends For § 112 Challenges In PGRs
December 06, 2021

In recent years, the Court of Appeals for the Federal Circuit has invalidated or affirmed the invalidity of various biopharma patents under 35 U.S.C. § 112, which requires that a patent specification…

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Miquel Montañá (Clifford Chance)
Draft amendment of Spanish Patent Act aimed at admitting the protection of pharmaceutical substances and compositions via utility models
November 29, 2021

After four years of experience with Spanish Act 24/2015, of 24 July, on Patents (the "new Patent Act"), which came into force on 1 April 2017, the time seems ripe now to update some aspects of the…

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Roya Ghafele (OxFirst)
Patented Tobacco Harm Reduction: Is It Only for the Developed World?
November 29, 2021

Although a silent technological revolution is currently taking place in the tobacco industry, there is no publicly available data on patents that read on tobacco harm-reduction technologies. We…

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