The IPKat

NOVEMBER 15, 2021

Antibodies may be defined in a patent claim by their amino acid sequence or by the sequence of the target (epitope) to which the antibody binds. Historically, epitope claims were relatively common in the field of antibody patents, as they represented a way of broadly protecting any antibody that bound the same epitope.

Patent 94

Patent Invention Law Art 94

The IPKat

APRIL 6, 2022

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Despite this, there is a dearth of EPO Boards of Appeal case law on the allowability of epitope and broadly functional language in antibody claims.

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Art Invention Patent Law 130

The IPKat

JANUARY 17, 2022

The reasoning of the CAFC makes a striking contrast to how the doctrine of "obvious-to-try" is applied by the EPO and the national courts of Europe. The reasoning of the CAFC makes a striking contrast to how the doctrine of "obvious-to-try" is applied by the EPO and the national courts of Europe.

Patent 73

Patent Invention Art Patent Application 73

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. can significantly complicate the coordination of a global patent strategy. PDF copy available.

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Patent Prosecution Invention Inventor Patent 75

LexBlog IP

JANUARY 4, 2023

Software patentability remains a tricky issue, raising questions about a computer program’s inventive step and technical characteristics. However, a deep dive into the applicable legislation provides much-needed clarity for rights holders in Greece. Protection under the directive only covers a program’s code.

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Invention Patent Art Patent Application 52

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). non-infringement or that a patent is standard essential), and on FRAND (fair, reasonable and non-discriminatory) licensing. the Bolar exemption and exhaustion).

Patent Law 86

Patent Law Law Patent Editing 86

The IPKat

OCTOBER 26, 2022

The breadth of the patent claims upheld on appeal may well be astonishing to US readers used to the onerous US sufficiency requirements. In contrast to the US, the decision from the EPO Boards of Appeal is a case study of how functional claim language that wouldn't pass muster in the US, can be used to great effect in Europe.

Invention 83

Invention Patent Law Art 83

The IPKat

DECEMBER 24, 2022

As a busy year comes, take the time to settle down with your favourite feline friend, a mince pie and the annual IPKat EPO Boards of Appeal roundup. IPKat has also sifted through the 100s of Boards of Appeal decisions published in 2022, to bring you the most eye-catching and relevant to ongoing EPO practice.

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Invention Inventor Patent Publishing 76

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Invention Patent Law Patent Law 67

SpicyIP

FEBRUARY 10, 2024

The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. The Controller of Patents and Designs in July which had rejected a patent application for being primarily a claim to business method. extracted in Para 5 of judgement).

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Business Invention Privacy Patent Application 88

Patent Trademark Blog

DECEMBER 2, 2021

An International Search Authority (ISA) is a patent office that you choose to search for prior art relevant to your PCT application. Note that the above list is sorted is descending order with the EPO being the most expensive ISA for a small entity at roughly $1,000 more than the USPTO. Which ISA is cheaper?

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Intellectual Property Art Invention Reporting 40

The IPKat

DECEMBER 28, 2021

Following on from our IPKat EBA 2021 Year in Review , here is some more festive holiday reading on some of the important decisions to come out of the EPO Boards of Appeal this year. As the year draws to the close, the EPO has announced the Legal Boards of Appeal decision on whether an AI can be named as an inventor (J 8/20 and J 9/20).

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Inventor Invention Patent Art 123

The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. As the year draws to a close, we also have news of a new referral to the EBA on the EPO's co-applicant approach to priority. Double-trouble ??

Invention 67

Invention Publishing Patent Law 67

The IPKat

JULY 14, 2021

The timing of a patent filing is critical to the patent's validity. The earlier a patent is filed, the lower the risk of disclosures before the priority date destroying novelty and inventive step. In fact, the data provided in the patent in question was surprisingly light. Lewy bodies are abnormal deposits of aggregated

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Invention Art Patent Application Patent 89

The IPKat

JULY 20, 2023

This Kat took the enforced confinement of a rainy summer weekend to finally delve deeper into one of the key patent decisions from the UK courts this year. The Court of Appeal decision in Sandoz v BMS ( [2023] EWCA Civ 472 ) attempted to reconcile the EPO and UK approaches to plausibility.

Invention 40

Invention Art Law Patent 40

The IPKat

OCTOBER 3, 2022

The Patents Court, the Court of Appeal and the Supreme Court (before that, the House of Lords) have all and for many years stressed the need for consistency with decisions of the Boards of Appeal of the EPO. News Goodbye to our GuestKat Jan Jacobi and our InternKat Alexandre Zanatta Miura. Read more here (in Spanish).

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Registration Intellectual Property IP Copyright 62

The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. Mr Justice Mellor dismissed the application " with some regret ". The injunction gap arises in Germany because infringement is decided before and separately to validity.

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Litigation Patent Marketing Marketing 98

Patent Trademark Blog

DECEMBER 8, 2021

Why do patent grace periods matter? Procrastinating can be an unforgiveable offense when it comes to patenting. Nearly every country has a timing requirement for filing patents. Tardiness can lead to an irrevocable loss of patent rights. And how late is too late? So what is considered late? Whose activities matter?

Inventor 40

Inventor Patent Invention Patent Application 40

SpicyIP

FEBRUARY 4, 2024

In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility” But how does this finding interact with the position of relevant laws in India? Amit is a registered Patent Agent and is currently part of IP litigation team at Sun Pharmaceuticals.

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Publishing Invention Patent IP 64