As readers well know, over the years many patent offices around the world have opened the door to the patentability of so-called “second medical uses” to foster research on possible solutions to unmet medical needs based on the use of already known compounds. Although the most developed patent offices such as the European Patent Office…

In IPCom GmbH & Co KG v HTC Europe Co Limited and others [2013] EWCA Civ 1496, the English Court of Appeal has very recently given guidance concerning the circumstances in which it is appropriate for an English court considering combined patent infringement and revocation proceedings to stay those proceedings pending the outcome of co-pending…

According to a recent decision of the Administrative Council, from November 2014 it will be possible, by paying appropriate further search fees, to obtain searches of any claimed invention when entering the EPO Regional phase with a PCT application, regardless of which Searching Authority handled the application in the International phase. It will thus be…

In 2008, the English Court of Appeal in Glaxo Group v Genentech ([2008] EWCA Civ 23) gave general guidance on the Patent’s Court discretion to stay legal proceedings on the ground that there are parallel proceedings pending at the European Patent Office concerning the validity of a patent. The “nine step” guidance given by Lord…

As the readers will know, one of the possible methods used by the European Patent Office (“EPO”) to examine inventive step is the so-called “problem & solution” approach, which has three parts: i) determining the closest prior art; ii) defining the technical problem that the invention seeks to resolve; and (iii) examining whether or not,…

by Miriam Büttner On 21 January 2013 we already reported on the decision of the German Federal Supreme Court (BGH) regarding the validity of German patent no. 197 56 864, the so-called “Brüstle-patent”, which concerns the protection of neural precursor cells, a pro-cedure to cultivate these cells and the usage of these cells in therapies…

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case. The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests…