As the Rolling Stones once quipped, “You can’t always get what you want”—especially if that “want” is an anti-suit injunction in Europe. From a French lawyer’s vantage point, this debate strikes at the core of transnational patent enforcement and the extent to which courts should wield their injunctive powers. The new Unified Patent Court (UPC)…
G 1/24 addresses the extent to which the description can be used to interpret the claims. As previously discussed, it looks set to be one of the most consequential EPO decisions of the decade. The hearing in G 1/24 took place on 28 March, with the opponent advocating a new “diamond standard” that the “description…
Back in January 2025, the EU initiated consultations at the World Trade Organization (WTO) to challenge the practice of Chinese courts to unilaterally set binding global royalty rates for non-Chinese standard essential patents (SEPs) without the consent of the parties to the litigation. According to the EU Commission press release, this unfairly pressures European high-tech…
On 9 January 2025 I reported on Parts 1 and 2 of a three-part article in EPI Information by Tamaris Bucher, a Principal Patent Attorney at Novartis Pharma AG, on the current approach to antibody patents at the EPO. In Parts 1 and 2, Bucher argued that Part G.II.6.2 of the EPO Guidelines, which starts…
Biogen has had mixed success in Europe in enforcing its patent on a second medical use of dimethylfumarate for the treatment of multiple sclerosis. In the present Dutch case, an attempt to obtain an injunction against three different generic companies resulted in a counterclaim for revocation of the (Dutch part of the) European patent. Biogen…
The refusal to grant a licence for intellectual property (IP) rights can sometimes conflict with competition law. This topic has already been explored in the case law of national courts and the Court of Justice of the European Union, most notably in the landmark case IMS Health (C418/01) of 29 April 2004. Such refusal has…
The Russian Patent Office (Rospatent) has introduced new provisions relating to the assessment of patentability of “use” inventions. Background On September 27, 2024, the Russian Ministry of Economic Development issued Order No. 610, which came into effect on November 10, 2024 (hereinafter – the Order). The Order supplemented provisions on analyzing the patentability of inventions…
Intellectual property is one of the most valuable assets a business can own. Companies that actively protect and manage IP portfolios can secure stronger market positions, higher valuations, and long-term financial stability. Recent data from the Brazilian Patent and Trademark Office (Instituto Nacional da Propriedade Industrial – INPI), in collaboration with the European Union Intellectual…
*Also co-authored by Tatiana Costa (PhD). For centuries, humans have unknowingly used natural microbial consortia to transform raw materials into valuable products. Long before the identification of microorganisms, these complex microbial communities played a crucial role in food and beverage production (e.g., beer, wine, cheese, and bread), soil fertility, and even early medicinal preparations. As…
A recent reform of the Spanish Civil Procedure Act will introduce what the Recitals of Organic Law 1/2015 (“the Law”) call “other adequate means of dispute resolution in the non-jurisdictional route, as an indispensable measure for the consolidation of a sustainable public justice service” (according to the Spanish acronym, “MASC”). Recital IV of the Law…
