The high-profile issue whether plants obtained by essentially biological processes can be patented will be referred to the Enlarged Board of Appeal (EBA) of the EPO. This has been decided during the 159th meeting of the Administrative Council earlier this week. According to an EPO press release, contracting states expressed their concerns with regard to…

On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB’s sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark. On 7 September 2018, Eli Lilly Danmark A/S (“Eli Lilly”) brought a case to the Danish Maritime and Commercial Court requesting a preliminary injunction against Mylan AB…

Today, in the decision T 0489/14 the EPO’s Boards of Appeal published their referral of three questions relating to computer implemented simulations to the Enlarged Board of Appeal. Referrals to the EPO’s Enlarged Board of Appeal do not come around often, referrals in the area of computer technology even less so. The purpose of referrals…

This recent decision from an EPO Board of Appeal is a rather satisfying development in how patentability (especially novelty) of purity claims is assessed at the EPO.  This case may be seen as patentee-friendly, particularly for the pharmaceutical sector, as it likely extends protection for APIs.  It will become especially important to review this case…

What were the most popular articles of the Kluwer Patent Blog in 2018? A look at the list shows that – even more strongly than in previous years – one topic drew more readers than anything else: the functioning of European Patent Office. Episodes of last year’s series on the EPO by Thorsten Bausch –…

The European Patent Office (EPO) is receiving ever increasing numbers of patent applications that include a ‘programmed computer’ as a key part of the described invention.  Moreover, this growth in filings is being seen in technical fields that are not traditionally considered to be computer-centric.  For example, according to EPO statistics, 40% of new patent…

The European Patent Office has opened an online consultation on the possibility of allowing more flexibility in the timing of the examination process by offering means to postpone the examination of European patent applications. The reasons for the consultation are explained on the EPO’s website: ‘Since the launch of the Early Certainty initiative in 2014,…

The number of inventive step attacks in opposition procedures at the European Patent Office may be constrained in the future due to a recent change in the EPO Guidelines. According to David Brophy, partner at FRKelly, the change will improve efficiency, although the restrictions may also open up a new avenue for criticising decisions on…