Artificial Intelligence Systems or Devices cannot be “inventors” under the Australian Patents Act, the Full Federal Court has confirmed. The inventor of a patent must be a natural person. Does there need to be legislative change to address the role of Artificial Intelligence in the Australian patents scheme? An expanded five judge appeal bench of…

The “patent linkage system” is in general a system wherein market approval of generic drugs is linked with the status of the originator drug’s patents, for the purpose of early resolution of patent disputes and ensuring the stable and consistent supply of generic drugs. Japan has not statutorily adopted the patent linkage system, but the…

The hurdle for being a co-inventor in a medicine field in Japan might be a little higher than what is expected from precedents. The IP High Court affirmed, in its judgement of 17th March 2021 (2020 (ne) No. 10053), the first instance decision of 21st August 2020 (2017 (wa) No. 27378) which denied co-inventorship of…

In two separate judgments, the Full Court has provided much needed clarity on how to identify the pharmaceutical products that can support a valid patent term extension in Australia, as Natalie Shoolman, Kent Teague and Rose Jenkins explain in this article. Takeaways: Patent term extensions must be based on the “earliest first regulatory approval date”…

In a complex case concerning blockbuster cinacalcet, Section 15 of the Barcelona Court of Appeals makes findings on the non-obviousness of inventions consisting of the provision of an unexpected technical effect. In these cases, the technical problem can be reformulated as providing such effect, provided that it is related to the problem initially disclosed in…

Meade J reaffirms the UK Courts’ approach to disclosure of confidential information How far should the Court go to protect a party’s confidential information during disclosure? In a recent decision ([2022] EWHC 490 (Pat)) in two related patent infringement actions between Siemens Gamesa Renewable Energy (“SGRE”) and General Electric (“GE”), Meade J confirmed that there…

The Bulgarian Supreme Court of Cassation (SCC) confirmed a second instance court judgment considering, inter alia, the effect of a later exclusive patent license contract having the same subject matter as an earlier one and the effect of (non-)registration of an exclusive patent license contract and its termination with the Bulgarian Patent Office (BPO). Case…

The article “One small step for “artificial intelligence”, and a giant leap for the Australian patent system? The Federal Court decision in Thaler v Commissioner of Patents” analyses the reasoning of Beach J in the Thaler decision at first instance, noting that this decision is the first judicial consideration in Australia relating to the impact…

The Board incorrectly interpreted Section 311(b)’s “prior art consisting of patents or printed publications” to encompass applicant admitted prior art, but such art may be relevant as an admission. Concluding that the Patent Trial and Appeal Board incorrectly considered applicant admitted prior art (AAPA) in its review of a Qualcomm’s integrated circuit patent in a…