Yesterday, 25 April 2018, AG Wathelet has handed down his opinion in the Teva v Gilead reference (Case C-121/17) suggesting that the question should be answered as follows: “The fact that a substance or combination of substances falls within the scope of protection of the basic patent is a necessary, but not sufficient, requirement for…

Last week, we reported on the challenging endeavour to set up Patent Translate, the machine translation system which is under joint development by the European Patent Organisation (EPO) and Google and which is a crucial element of the Unitary Patent (UP) package. Intellectual Property Office (IPO) officials from Hungary, Finland and the Czech Republic told…

For Europeans who don’t speak English, German or French, the three official Unitary Patent (UP) languages, the future UP system will bring about an even more radical change than for those that do. Over the years, millions of patents from companies all over the world will have been held valid in their territory, although these…

The newly established 15th Patent Senate of the Appeals Court of Düsseldorf (Presiding Judge Dr. Ulrike Voß) has referred a number of questions concerning the calculation of damages in IP cases to the European Court of Justice. This opens the floor for the ECJ to talk about damages, as far as I know for the…

The Bolar exemption must be interpreted narrowly in order not to affect the patent holder’s exclusive rights. The privilege of the generic drug manufacturers who are allowed to conduct clinical trials in order to seek regulatory approval for their therapeutic products based on patented inventions does not apply to their third-party suppliers. Thus, manufacturing of…

In a decision handed down on October 23, 2013, the Polish Supreme Court confirmed that the Bolar exemption does not cover activities by third-party manufacturers, i.e. supplying active ingredients for studies and trials to be conducted by third-party generic manufacturers (court docket: IV CSK 92/13). Parallel proceedings in Germany are pending. We have reported before…

The Regional Court in Dusseldorf and the Polish Higher Regional Court in Gdansk have ruled in June and July 2012 that the Bolar exemption and the experimental-use exemption only apply to the testing entity and that a third party’s manufacturing and selling to the testing entity is not exempted.

The Polish Supreme Administrative Court invalidated a decision of the Polish Patent Office in which it refused to grant a patent for an invention related to digital electronics. The court held that the patentability requirements under Polish patent law, including the technical character of an invention, correspond to the patentability requirements specified in the European…