Over the past few years the pan-European and parallel national patent litigation based on Eli Lilly’s pemetrexed patent has attracted considerable attention, as it has resulted in a number of diverse land mark decisions in relation to the doctrine of equivalence, as evidenced by the various posts on the Kluwer Patent Blog. By way of…

For the first time, the European Patent Office has revoked a patent as a consequence of amended regulations which exclude plants and animals obtained by an essentially biological breeding process for patentability. The revocation, last month, concerned European patent number 1.597.965, covering a type of broccoli adapted to make harvesting easier. The patent was granted…

The European Patent Office and representatives of 14 German law firms who had expressed concerns about EPO patent quality earlier this year in a letter, have started a “constructive dialogue”. The representatives had a meeting with the new President of the European Patent Office, António Campinos, and other EPO officials, on 16 October 2018 in…

For the first time, the European Patent Office has published guidelines on the patentability of artificial intelligence (AI) and machine learning (ML) technologies. The guidelines (G-II 3.3.1) came into force on 1 November 2018. As the guidelines provide, AI and ML are “based on computational models and algorithms for classification, clustering, regression and dimensionality reduction,…

T0969/14 is the latest in a long line of decisions which make it clear that the EPO Boards of appeal will not accept late filed requests which could have been filed in first instance proceedings, whether or not the submission of such requests might be perceived as a procedural abuse. One of the consequences of…

On 1 July 2018, António Campinos became president of the European Patent Office, as successor of Benoit Battistelli, whose authoritarian leadership and conflicts with staff members and union leaders led to years of deep social unrest at the EPO. Hundred days after the leadership change, there is cautious optimism Campinos is committed to improving the…

The European Patent Office published an advance preview today of its annual update to the Guidelines for Examination which will come into force on 1 November 2018. Here are the main changes and what they mean for users of the European patent system: 1. More definitive language Throughout the new version of the Guidelines, some…

Since the Eli Lilly v. Canada award of 2017, the relevance of international investment law for patents has been known to a wider public. In response to the revocation of two Canadian patents concerning the compounds olanzapine and atomoxetine by Canadian courts, the US pharmaceutical company Eli Lilly initiated arbitral proceedings against Canada on the…

Effectiveness, international cooperation and staff relations are three main areas on which Antonio Campinos intends to focus as new president of the European Patent Office. Campinos, who started in office on 1 July 2018, wrote this in a message which was published today on the EPO website. According to Campinos, it is ‘an immense honour…