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Thorsten Bausch  (Hoffmann Eitle)
EPO – All Problems Solved?
October 16, 2017

The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents.…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court clarifies that "problem & solution approach" is not legal doctrine
October 16, 2017

For many years, Spanish Courts have considered the "problem & solution approach" developed by the European Patent Office ("EPO") to be a very useful tool for the purpose of trying to make an…

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Kluwer Patent blogger
Uncertainty about Irish referendum on Unified Patent Court
October 12, 2017

Although the Irish government scheduled a series of referendums for 2018 and 2019 last month, the referendum on Irish participation in the Unitary Patent system was not one of them.  This was…

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Kluwer Patent blogger
António Campinos elected next EPO President
October 10, 2017

The Administrative Council (AC) of the European Patent Organisation has elected António Campinos to succeed Benoît Battistelli as President of the EPO. Campinos 5-year term will start on 1 July 2018…

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Kluwer Patent blogger
‘Judges will be important in limiting forum shopping at the Unified Patent Court’
October 05, 2017

In the US, the potential for forum shopping in patent litigation has recently been reduced by the TC Heartland ruling of the Supreme Court. But what can be expected at the Unified Patent Court, with…

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Kluwer Patent blogger
CMS Unified Patent Court is ready for the sunrise phase
October 04, 2017

The IT Team of the UPC Preparatory Committee will launch a new version of its CMS next week, in line with the requirements of the period of Provisional Application of the UPCA ‘and specifically…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court calls for fine pencil when examining novelty
October 03, 2017

A judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. The decision stemmed from a judgment of 12…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: In re Smith International, Inc, United States Court of Appeals, Federal Circuit, No. 2016-2303, 26 September 2017
October 02, 2017

The Patent Trial and Appeal Board’s construction of the term "body" disclosed in multiple claims of a downhole drilling tool patent has been reversed by the U.S. Court of Appeals for the Federal…

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Thorsten Bausch  (Hoffmann Eitle)
Germany: Rezeptortyrosinkinase II, Federal Court of Justice of Germany, X ZR 124/15, 27 September 2016
September 27, 2017

A data sequence can only be regarded as a product directly obtained by a patent-protected process if it has tangible technical properties that are directly imparted on it by this method, and if the…

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James Yang  (Zy Partners) , Yin Li  (ZY Partners) , Hui Zhang  (Baker & McKenzie)
Expert Auxiliary System in China
September 26, 2017

In China, judges handling patent litigations often experience difficulties in claim construction and infringement determination due to the lack of technical backgrounds. Although forensic appraisals…

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