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Kluwer Patent blogger
Irish referendum on joining the Unified Patent Court Agreement in June 2024
January 25, 2024

Ireland will hold a referendum on joining of the Unified Patent Court in June. This has been confirmed by the Irish government.  In a post on LinkedIn, Neale Richmond, minister of state for…

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Katie Cambrook  (Bristows)
UK - Merck seeks SPC relying on the law as set out in Neurim
January 24, 2024

Question: I applied for my SPC in reliance on the law as set out in Neurim[1], following Santen[2] can I still obtain my SPC? Answer: No, according to the English High Court[3]. In 2018, i.e. before…

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Rebekka Thomas  (Bristows)
Court of Appeal considers unjustified threats provisions in the context of Amazon’s IPR policy
January 23, 2024

On 19 December 2023, the Court of Appeal handed down its decision in The NOCO Company v Shenzhen Carku Technology Co., Ltd  [2023] EWCA Civ 1502. The issue on appeal was whether communications…

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Roberto Rodrigues Pinho , Luiza Cotia , Rodrigo Mourao  (RNA Law)
Patent filings and divisionals in Brazil: The challenge to obtain IP protection
January 22, 2024

Divisional filings are one of the most controversial topics in patent prosecution in Brazil. The Patent Office (BRPTO) severely limits the ability of patent applicants to file divisionals. For…

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Benjamin Bai , Tina Tai  (King & Wood Mallesons)
China’s new Patent Term Extension: A Welcome Change for Innovators
January 19, 2024

On December 21, 2023, the China National Intellectual Property Administration (CNIPA) issued the final version of the revised Implementing Rules for the Patent Law and the Guidelines for Patent…

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Kluwer Patent blogger
No transparency for Mathys & Squire in Unified Patent Court test case
January 18, 2024

The Court of Appeal of the Unified Patent Court has refused as inadmissible applications by law firms Mathys & Squire and Bristows to intervene in an appeal concerning public access to documents…

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Eden Winlow  (Bristows)
The End of the Road for DABUS and Dr Thaler at the UK Supreme Court
January 16, 2024

On 20 December 2023, the UK Supreme Court handed down its highly anticipated judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49, unanimously ruling…

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Miquel Montañá  (Clifford Chance)
The CJEU judgment of 11 January 2024 in Gilead v. Mylan. Will it prompt an exodus of patent owners to the UPC?
January 15, 2024

As readers will be well aware, one of the preferred hobbies of the Court of Justice of the European Union ("CJEU") is to issue controversial judgments in intellectual property matters which, quite…

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Thorsten Bausch  (Hoffmann Eitle) , Adam Lacy  (Hoffmann Eitle)
T 1137/21 – Even Amendments based solely on Original Dependent Claims may be Risky
January 14, 2024

The EPO’s Boards of Appeal are famously strict on added matter. But normally applicants can sleep soundly at night after making amendments based entirely on the original dependent claims having…

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Mami Hino  (Abe, Ikubo & Katayama) , Naho Ebata  (Abe, Ikubo & Katayama) , Shoichiro Kajinami  (Abe, Ikubo & Katayama)
Japan: Sawai’s Generic Drug is approved by the MHLW amid patent litigation with Bristol-Myers Squibb, but the Court orders preliminary injunction against Sawai soon after
January 09, 2024

On November 28, 2023, the Tokyo District Court issued a preliminary injunction order against Sawai Pharmaceutical Co., Ltd. (“Sawai”) to suspend the manufacture and sale of Sawai’s pharmaceutical…

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