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Because prior art described a method that could execute an application on one computer server, it should have been obvious that the method could be applied to multiple servers. The Patent Trial and Appeal Board erred when it found that several claims of a patent describing the remote application of a computer application were not…
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,…
Templates and guidances that judges may use must help develop a harmonized format for decisions and orders at the upcoming Unified Patent Court. Klaus Grabinski, President of the Court of Appeal of the UPC, has said this in an interview with Kluwer IP Law. Grabinski thinks the court will bring patent litigation in Europe closer…
An outburst of anger of a president and his re-election, social tensions, industrial actions: for anyone familiar with the world of patents it will be clear that all this refers to the European Patent Office, which drew a lot of attention on the Kluwer Patent Blog last year, even more than the biggest change in…
There are currently two referrals on SPC law pending before the Court of Justice of the European Union (CJEU), both of which concern the interpretation of Article 3(c) of the SPC Regulation (EC) 469/2009. This provision essentially ensures that the same person cannot obtain more than one SPC for the same product (active ingredient), which…
The EPO has made forms available to request transitional measures for European patents with a view to the entry into force of the Unitary Patent system. The forms relate to requests for unitary effect, as well as to requests for delay in issuing the decision to grant a European patent, so as to benefit from…
If everything goes according to the most recent plan, the Unified Patent Court will finally open its doors on 1 June 2023, with the sunrise period starting the first of March. The UK, initially one of the driving forces behind the Unitary Patent system, will not join the opening party, as it withdrew its membership…
On July 20, 2022, the Japan Intellectual Property High Court (“IP High Court”) rendered the first-ever decision allowing enforcement of Japanese patent rights against infringing acts partially committed outside of Japan (Case No. 2018 (Ne) 10077). The plaintiff Dwango Co., Ltd. sued co-defendants FC2, Inc. (U.S. company) and Homepage System, Inc. (Japanese company), alleging that…
The healthcare sector in Brazil is one of the most important in the world in view of the size of the population (+220 million people) and the availability of a universal public healthcare system. The action of antibodies as therapeutic agents may involve processes of neutralization, opsonization and activation of immune complement system, transforming them…
Opt out your existing patents from the jurisdiction of the Unified Patent Court. That is the advice European patent attorney Martin Luten repeatedly gave to the audience of a webinar last month of his firm Arnold & Siedsma. In the webinar, Luten discussed the basics of the Unitary Patent (UP) and the Unified Patent Court…
