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Miquel Montañá  (Clifford Chance)
What can be protected as a "utility model" in Spain after 1 April 2017?
February 21, 2017

The new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised "utility model" that is expected to become the natural alternative for "non-examined" patents,…

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Thomas Musmann  (Rospatt Osten Pross)
German Federal Supreme Court (BGH) on entitlement
February 18, 2017

by Bernward Zollner for rospatt osten pross In a recent decision of 10 January 2017 (BGH X ZR 17/13) concerning a “Restitutionsklage” against a final patent infringement judgement of the Appeal Court…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Shire Development, LLC v. Watson Pharmaceuticals, Inc., United States Court of Appeals, Federal Circuit, No. 2016-1785, 10 February 2017
February 15, 2017

Pharmaceuticals company Watson’s proposed generic version of competitor Shire’s brand-name mesalamine LIALDA® did not satisfy the requirements for a Markush group claimed by a Shire patent, the U.S.…

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Alexandre L. Dias Pereira  (University of Coimbra)
Portugal: Enforcement of provisional patent, Court of Appeal of Lisbon, 15315.3YHLSB. L16, 10 March 2016
February 15, 2017

Provisional measures, notably the interlocutory injunction provided for by Article 338-I of the Portuguese Code of Industrial Property, do not extend to the provisional protection of a European…

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Inga Lukauskienė  (METIDA Law Firm)
Lithuania: Declaration of patent invalidity and recognition of the ownership rights to the patent, Court of Appeal of Lithuania, e2A-519-823/2016, 7 July 2016
February 15, 2017

In relation to a dispute concerning the novelty of one invention, the Court held that testing a new product in a special laboratory under contract is not public as such. The testing process and its…

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Inga Lukauskienė  (METIDA Law Firm)
Lithuania: Refusal of a patent application and its consequences, Court of Appeal of Lithuania, 2A-162-798/2016, 4 March 2016
February 15, 2017

The court upheld the decision that the patent applications in question had been appropriately considered and that the examiner had established that there were formal reasons for refusing the patent…

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John Collins  (Clayton Utz) , Sumer Dayal  (Clayton Utz) , Anais Menounos  (Clayton Utz)
IP rights vs IP wrongs: the Productivity Commission releases its Final Report on IP Arrangements
February 14, 2017

Australia ended 2016 flipping through the pages of the Productivity Commission's final Inquiry Report on Australia's Intellectual Property Arrangements. In general, the Commission considers that IP…

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Kluwer Patent blogger
Italy ratifies the Unified Patent Court Agreement
February 11, 2017

Italy has ratified the Unified Patent Court Agreement. It is the 12th member state of the Unitary Patent project to do so. The instrument of ratification, the formal final step in the procedure, was…

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Kluwer Patent blogger
It will only take 15 to 60 seconds to opt out of the Unified Patent Court. Or more?
February 11, 2017

No more than 15 to 60 seconds. That’s the time it will take to opt out a patent from the jurisdiction of the Unified Patent Court, once the so-called sunrise period of the Court has started on 1…

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Hui Zhang  (Baker & McKenzie) , Jiao Yuxin , Dani Min  (ZY Partners)
Be careful with post-filing experimental data
February 10, 2017

A positive view is spreading on post-filing experimental data in China since the recent official post of the proposed revisions to the Guidelines for Patent Examination (the “Guidelines”) by the…

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