A claim defining a compound as having a certain purity would lack novelty over a prior art disclosure describing the same compound only if the prior art disclosed the claimed purity at least implicitly, for example by way of a method for preparing said compound, the method inevitably resulting in the claimed purity. Such a…

A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step. A European patent was granted for a device for the desynchronization of activity of pathologically active brain areas. Specifically, the claim defined ‘control means, which are designed such…

The case at hand concerned an application by Pfizer for Arrow-declarations in relation to its proposed launch of its bevacizumab product (it will be branded “Zirabev”) for the treatment of various cancers in combination with other drugs. Since Pfizer was unable to show a “useful purpose”, the complaint was dismissed. The mere prospect of using…

Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP’809 is a formulation patent for the monoclonal antibody vedolizumab, marketed as Entyvio® and used to treat ulcerative colitis and Crohn’s disease….

If a patent only provides the skilled person with a general scientific explanation as to why the procedure disclosed therein is suitable for the purpose in question and does not disclose a new technical teaching in relation to this purpose, but merely a discovery of biological correlations, then this is insufficient to acknowledge novelty (continuation…

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…

The Court of Appeal upheld the first instance decision that the patent in suit lacked novelty and inventive step over the prior art. The Court confirmed, following Halliburton v Smith, that despite the fact the parties had reached a confidential settlement and Sony was not involved in the appeal, it was necessary to hear the…

A Markush claim is a type of claim commonly used in chemical and pharmaceutical fields. On December 20, 2017, in Beijing Winsunny Harmony Science & Technology Co., Ltd. v. Daiichi Sankyo Co., Ltd, (“Daiichi Sankyo Case”), the Supreme People’s Court (“SPC”) resolved a long standing-split among Chinese courts regarding the interpretation and amendment of Markush…