Yes and no, it seems. Well, yes and then no, if recent French decisions are anything to go by. In short, Hesitations Blues reign. This attitude is all the more interesting given that the question, which arose more especially in the FINGOLIMOD case, has been raised before several European courts, all of which are opposed…

The EPO has recently announced it will ‘accelerate its processing of parallel opposition proceedings if it is informed by the Unified Patent Court or a national court or competent authority of a contracting state that an infringement or revocation action relating to a European patent or a Unitary Patent has been instituted before it.’ It…

The facts of the case On 21 November 2023, Sir Anthony Mann of the London High Court handed down a judgment in the case of Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch). This judgment addressed the question whether artificial neural networks (ANNs) are excluded subject matter…

On December 6, the Board of Directors (DICOL) of the Brazilian Food & Drug Agency (ANVISA) passed new regulations accepting an exemption to allow generics and branded generics (also called “similar” drugs) to remove patented uses from their labels – i.e., skinny labeling. The change will come into effect 60 days after the amended text…

The European Commission’s proposed Regulation to regulate standard essential patents (SEPs) in the EU has been a subject of much debate. Its explanatory memorandum sets forth its aim, including to ensure that “end users” (which includes small businesses and EU consumers) derive advantage from products that incorporate SEPs, at reasonable prices. Specifically, the proposed Regulation…

Many of us who have done a PhD, remember that time around the beginning of the second year when anxiety and insecurity start substituting the passion and enthusiasm. We all needed a safe space and a friendly encouraging forum to reassure us that having your own research project is a worthwhile endeavour. To help inspire…

I) Introduction The science of biochemicals and the realm of Section 3(d) of Indian Patents Act! Can there be a reconciliation between the two? This question is a hot topic of discussion amongst the Indian biochemical patent community following the recent decision (Novozymes vs The Assistant Controller of Patents and Designs) pronounced by the Madras…

A judicial and academic debate on standard essential patents (SEPs) in China has recently arisen. The issuance of anti-suit injunctions (ASIs) by Chinese courts in a relatively short period of time (between 2019 and 2020) and the ensuing TRIPS/WTO dispute between the EU and China over the TRIPS compatibility of such ASIs, exemplify such debate….