Plants and animals exclusively obtained by essentially biological processes are not patentable. That is the opinion (G 3/19) of the Enlarged Board of Appeal of the European Patent Office (EPO). According to an EPO press communiqué of 14 May 2020, the “Enlarged Board of Appeal of the European Patent Office adopted a dynamic interpretation of…

Some positive news from the European Patent Office. Former Secretary of SUEPO The Hague and member of the Central Staff Committee Laurent Prunier, who was dismissed in 2016 on dubious grounds by former EPO president Benoit Battistelli, has reached a settlement with the Office, almost two years after António Campinos took over from his controversial…

The decision of the European Patent Office to start holding videoconferences as the standard way of conducting oral proceedings in examination and opposition proceedings is facing heavy criticism. There has been no testing, no consultation, the EPO doesn’t have the facilities, it may be discriminatory and in violation of Article 113(1) EPC, according to the…

Discussions are under way at the World Intellectual Property Organization (WIPO) and the World Health Organization (WHO) on enabling wider access to some patented drugs and medical supplies during the coronavirus pandemic. According to press agency Reuters, director-general of the (WIPO) Francis Gurry made this clear during a conference last week. “This is a hot…

Contrary to all expectations, the German government wants the Unitary Patent project to go ahead as soon as possible, despite the recent ruling of the Federal Constitutional Court, declaring void the Act of Approval of the UPC Agreement. In a press release of 26 March 2020, the German minister of Justice and Consumer Protection, Christine…

“Despite the fact that the judgement will result in further delay the preparatory work will continue, while the judgement and the way forward is further analysed.” Within hours the Preparatory Committee of the Unified Patent Court had published its reaction to the ruling of the German Federal Constitutional Court in the complaint against the ratification of…

The Federal Constitutional Court in Germany has announced it will publish its decision on the constitutional complaint against German ratification of the Unified Patent Court Agreement (UPC) (case 2 BvR 739/17) on Friday 20 March 2020 at 9.30 am. According to the FCC’s press release, the decision is being made by the Senate (sitting with…

A parliamentary committee in the UK has asked the government to clarify its position on the Unified Patent Court (UPC). Although late February the office of Prime Minister Boris Johnson confirmed to several media that the UK “will no longer seek to participate in the Unitary Patent project”, an official statement has not been issued….

The announcement of the UK government that it won’t participate in the Unitary Patent system has sent a shock wave through the European patent community. One issue is obvious from the reactions to the UK decision: the future of the system, which had been uncertain for some time due to the Brexit and the German…

Will the Unitary Patent project go ahead without the United Kingdom? According to Kevin Mooney, partner of Simmons & Simmons in London and closely involved in the creation of the Unified Patent Court, that is the biggest issue the remaining Member States will have to tackle now that the UK government has decided not to…