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Amendments, Case Law, Patents, United Kingdom

(Bristows)/

Michael Tappin QC (sitting as a deputy judge of the High Court) It is common in English patent litigation for patentees to make an application to amend a patent post grant and in the course of litigation pursuant to section 75 of the Patents Act 1977 – for example in order to delete invalid claims…

Antibodies, Biologics, France, Pharma, Pharmaceutical patent, SPC

(Dhenne Avocats)/ /1 Comment

25 May 2022, the Paris Court of Appeal overturned the refusal of the French National Institute of Industrial Property (INPI) to grant an SPC on avelumab. This is a reversal of the “nivolumab” case law on the interpretation of Article 3(a) of Regulation (EC) No 469/2009 (hereafter the SPC Regulation).   In this case, Dana-Farber…

EPC, EPO

/ /25 Comments

The member states of the European Patent Organisation have re-appointed EPO president António Campinos for a second five-year term in office, commencing 1 July 2023.  The decision was made at a meeting of the EPO’s Administrative Council held in Munich. As far as is clear, there was no extensive discussion about the reappointment, despite a…

European Union, Ireland, Unitary Patent, UPC

/ /9 Comments

The government of Ireland has reaffirmed that the country will participate in the Unitary Patent system. A referendum will be held next year or in 2024. The Irish Department of Enterprise, Trade and Employment announced this in a report on its website yesterday. The Tánaiste [the Irish vice-premier, Leo Varadkar] said: “A single Unitary Patent…

France, Injunction, Patents

(Dhenne Avocats)/ /7 Comments

In a decision of 3 June 2022, opposing NOVARTIS and BIOGARAN, the Tribunal Judiciaire de Paris accepted the admissibility of a request for provisional measures based on a European patent application. This solution, however surprising it may seem at first sight, could nevertheless be justified. The decision under review is an order rendered in a…

Employee invention, France, Patents

(Dhenne Avocats)/

This almost unnoticed metamorphosis, which has been hardly or not at all commented on, is nevertheless an important reform of French law. Order 2021-1658 of 15 December 2021 extends the system of devolution of rights in respect of software (Article L. 113-9-1 of the Intellectual Property Code) and employee inventions (L. 611-7-1 of the Intellectual…

EPC, EPO

/ /18 Comments

Staff members of the European Patent Office will demonstrate in front of the Isar building in Munich during the meeting of the Administrative Council on 29 June 2022, where re-election of president António Campinos will be discussed. The demonstration has been organised by trade union Suepo. According to an announcement distributed among Suepo members, Campinos was…

Employee invention, France

(Dhenne Avocats)/

In a decision rendered on April 1, 2022, the Paris Court of Appeal ruled on the determination of the starting point of the statute of limitations for claiming additional remuneration related to mission inventions. The case before the Paris Court of Appeals raised the issue of the statute of limitations with respect to 11 unexploited…

European Union, Patents, Unitary Patent, UPC

(Clifford Chance)/ /14 Comments

Readers who have followed our last two blog entries and the vast number of comments received, will have seen the following two conclusions surfacing. First, although the UPC ‘s Protocol on Provisional Application, in reality, may not be in force, there is nothing to worry about because there are no police around. Second, there is…

Brazil, evidence

(RNA Law) and , (Licks Attorneys)/

The Brazilian Patent Office (BRPTO) is improving its examination procedure, trying to reduce the backlog. As more decisions are issued, we are learning about the approach of the examiners to different topics in patent law. An ongoing hot topic is whether the examiners are accepting post-filing experimental evidence during patent examination. The Metallurgy and Material…