Patent lawyers in the UK have spent the last three months pondering, debating and at times indulging in an element of despair (to put it mildly) about what might be the impact of the judgment of the Supreme Court in Actavis v Eli Lilly [2017] UKSC 48 on issues of validity (see here). Today they…
European states lack awareness of their obligations under the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights and have established associations such as the EPO and the UPC, without anyone accounting for guarantees with regard to democracy, the rule of law and human rights. Professor Siegfried Broß said this in…
The appointment of Antonio Campinos as new president of the European Patent Organisation has had a cautious reception. Campinos was elected during a meeting of the Administrative Council of the EPO earlier this month. He will succeed the controversial president Benoit Battistelli, whose term in office has been marked by years of deep social unrest….
The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council. Thus, the Administrative Council is supposed to supervise the…
The Administrative Council (AC) of the European Patent Organisation has elected António Campinos to succeed Benoît Battistelli as President of the EPO. Campinos 5-year term will start on 1 July 2018. According to an EPO announcement, the Portuguese Campinos was elected during the AC meeting in Munich today. He is currently Executive Director of the…
By Gregory Bacon Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims, the UK Supreme Court in yesterday’s judgment in Actavis v Eli Lilly [2017] UKSC 48 reversed gear and reintroduced a…
The search for a successor of Benoît Battistelli as president of the European Patent Organisation has started in full with the publication of a vacancy notice on the EPO website. It is obvious from the text that the controversial Battistelli, whose term in office ends in June 2018, has no chances to stay on. According…
The European Patent Office amends its Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process. The decision, during the 152st meeting of the Administrative Council of the EPO, came after years of discussion and decisions to the contrary by the Enlarged Board of Appeal in the so-called Broccoli-II…
Another significant delay – or even more substantial – trouble seems to be ahead of the Unitary Patent system, due to today’s decision of the German Constitutional Court (Bundesverfassungsgericht) in Karlsruhe. The Bundesverfassungsgericht has requested the German President not to sign the bills already approved by Bundestag and Bundesrat on the ratification of the Unitary…
Germany has unfortunately no Fordham conference where an impressive number of eminent IP scholars, judges and practitioners, including even representatives of the EPO, get together once every year to discuss the state of the patent universe and future developments. However, Germany does luckily at least have its Max Planck Institute for Innovation and Competition in…
