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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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Matthieu Dhenne (Dhenne Avocats)
The Hit Parade of Patent Infringement Damages in Europe: France is Great (Again)
September 13, 2021

My eminent colleague Pierre Véron, who needs no introduction here, is the author of a recent survey on the ranking of European jurisdictions in terms of damages awarded over the period 2000-2019…

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Brian Cordery, Robert Burrows (Bristows)
“An Error of Principle and Approach” – Birss LJ clarifies the law on breadth of claim and uncertainty insufficiency
September 08, 2021

In undoubtedly one of the most important decisions of the year so far, on 24 August 2021, the English Court of Appeal handed down its judgment in FibroGen v Akebia (FibroGen Inc v Akebia…

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John Collins, Natalie Shoolman, Rose Jenkins (Clayton Utz)
Robots are taking over the patent world – AI systems or devices can be "inventors" under the Australian Patents Act
September 08, 2021

[KEYPOINT]: A historic Federal Court decision says an artificial intelligence system is capable of being named as an "inventor" under the Patents Act 1990, with potentially significant ramifications…

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