The new and noteworthy decision T 670/20 by Technical Board of Appeal 3.3.07 provides more legal certainty for patentees of formulation patents. The proprietors of pharmaceutical formulation and pharmaceutical use patents do often not have it easy, if and when – as is often the case – they have conducted clinical trials before the priority…
Damocles, so tells us an ancient legend (reported here) was a favorite of President Dionysios II. of Syrakus in Sicily, who lived during the first half of the 4th century BC. His story was succinctly told by none other than Marcus Tullius Cicero in his tusculanae disputationes 5, 61–62. Hoping that Cicero will forgive me,…
The UPC website has the breaking news of the day: The start of the UPC Sunrise Period is postponed for two months until March 1, 2023. This is time for relief and gratitude. And while today is Mozart’s day of death, I would like to express it in Bach / Picander’s words from the Christmas…
Concerto Italiano – Preludio Johannes Karcher, acting chairman of the UPC’s Administrative Committee, is to be applauded for the interview he gave to the Kluwer Patent blogger recently, which sheds at least a little more light on the issues still to be addressed before the Unified Patent Court can go “live”. There are quite a…
October 19, 2022 was a special day. It was the first day when the UPC website finally announced the names of the UPC’s first 85 judges. JuVe’s journalists quickly did their homework and provided further information on the origin and previous careers of these judges here. The overall picture is that the UPC recruiters obviously…
The so-called proportionality defense according to Sec. 139(1) clause 3 (hereinafter simply “proportionality defense”) is one of the newest provisions of the German Patent Act. It has only been introduced in August 2021 through the Patentrechtsmodernisierungsgesetz, a typical German word monster, of which an informative summary was posted here. The main driver of this proportionality…
The Holy Roman Empire (Latin: Sacrum Romanum Imperium; German: Heiliges Römisches Reich, later: Heiliges Römisches Reich deutscher Nation) was one of the largest, most successful and longest-lasting political entities in Europe. Founded by the German Emperor Otto the Great in 962, who wanted to continue and revive the empire of Charlemagne, who in turn considered…
Even the best European Patent Attorneys may occasionally have to represent a client in an appeal case that turns out to be increasingly hopeless, or they are representing the patentee in examination appeal proceedings in a field where technology advances faster than the Boards of Appeal are able to deal with their cases. In such…
Executive version: Quite a few scholars have tried to decipher the hymn sheet shown on Elias Haussmann’s famous portrait of Johann Sebastian Bach. This blog tries to decipher the latest changes in the EPO Management just announced by the President. On a peaceful, sunny morning as we had it today I sometimes indulge in the…
Breaking News: According to the EU Council’s Website, Austria has deposited its instrument of ratification yesterday, which means that the Period for Provisional Application begins today. Let’s see when it ends. Good luck to the Preparatory Committee with the numerous preparation activities that must now be started.
