In Germany the re-ratification process of the Unified Patent Court Agreement – which is necessary after the Federal Constitutional Court (FCC) partially upheld a complaint last March and declared the first ratification procedure invalid – is progressing rapidly. The decisive reading in the Bundestag, which will make clear whether the UPCA gets support from the…

The English Patents Court has often been regarded as a relatively favourable jurisdiction for patentees seeking interim relief in the life sciences arena. This is for various reasons, including the fact that the English Court follows the approach adopted by the House of Lords in the American Cyanamid case, in which an assessment of the…

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…

The EPO’s biennial fee increases come into force on 1 April 2020 and include a 20% hike of the appeal fee. At the same time, new appeal fee refund provisions are being introduced through an amendment to Rule 103 EPC. These are intended to encourage appellants to continuously review whether to continue or withdraw their…