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A Study Group appointed by the Japanese Ministry of Economy, Trade and Industry has recently published Guidelines on Fair Value Calculation of Standard Essential Patents for Multi-Component Products. The Group was composed of high-profile Japanese lawyers and academics. The guidelines represent an important intervention into the ongoing debate concerning the tension between standard essential patents…
The German government has been acting fast since the Federal Constitutional Court declared void the German ratification of the Unified Patent Court Agreement in March. It submitted a new draft bill to ratify the UPCA last week, which was sent for consultation to associations and other institutions. Their deadline for filing opinions is three weeks….
The English Patents Court has often been regarded as a relatively favourable jurisdiction for patentees seeking interim relief in the life sciences arena. This is for various reasons, including the fact that the English Court follows the approach adopted by the House of Lords in the American Cyanamid case, in which an assessment of the…
Samsung Electronics Co., Ltd.—which had successfully petitioned for IPR—withdrew from the case after Huawei filed its appeal, but the U.S. government intervened to defend the PTAB’s decision. Substantial evidence supported the Patent Trial and Appeal Board’s findings that a relevant artisan would have found obvious the claims of a patent directed to enabling a mobile…
The Chartered Institute of Patent Attorneys (CIPA) in the UK has called for clarity over the patenting of innovations created by artificial intelligence. The issue has drawn a lot of attention lately. Last January, the EPO stated a machine cannot be an inventor, refusing patent applications EP 18 275 163 and EP 18 275 174 in which a machine called…
The March ruling of the Federal Constitutional Court (FCC) in Germany that the German ratification of the Unified Patent Court Agreement (UPCA) was void because it didn’t get the required two-thirds majority, increased the uncertainty about the viability of the project. But the debate is far from over. Patrick Breyer, member of the European Parliament…
The new Rules of Procedure of the Boards of Appeal (RPBA), which came into force on 1 January 2020, will be a cornerstone in helping the EPO’s Boards of Appeal meet their objectives of settling 90% of cases within 30 months of receipt and reducing the number of pending cases to fewer than 7,000 by…
Nippon Shokubai filed an opposition against the grant of BASF’s patent. In relation to the payment they filed EPO Form 2300E, which – erroneously – did not indicate any payment method in box X ‘Payment’, which then indicated ‘not specified’. In the accompanying letter the professional representative had indicated that the opposition fee could be…
by Dr. Simon Klopschinski On February 13, 2020 the German Federal Constitutional Court decided that the German law ratifying the Agreement on a Unified Patent Court is void (see here). In the meantime the Constitutional Court has issued another sentence which deals with the European Central Bank’s bond-buying programme (see here). On May 13, 2020…
Plants and animals exclusively obtained by essentially biological processes are not patentable. That is the opinion (G 3/19) of the Enlarged Board of Appeal of the European Patent Office (EPO). According to an EPO press communiqué of 14 May 2020, the “Enlarged Board of Appeal of the European Patent Office adopted a dynamic interpretation of…
