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A positive view is spreading on post-filing experimental data in China since the recent official post of the proposed revisions to the Guidelines for Patent Examination (the “Guidelines”) by the State IP Office (the “SIPO”) of China. People tend to think that the window is about to open to post-filing experimental data, just like it…
The UK will ratify the Unified Patent Court Agreement (UPCA) in March, most likely before the Brexit article 50 is triggered. German will be ready to ratify soon as well, but will delay the official deposit of its instrument of ratification with the EU Council, with a view to the Court starting its operations on…
One of the most pressing questions that remains unresolved regarding Brexit and IP concerns a centrepiece of EU innovation policy – namely, the ongoing process for setting up a single unitary patent (the EP with unitary effect) and a Unified Patent Court (UPC) common to participating EU member states (including, at least for now, the…
Even if a way is found to keep the United Kingdom in the Unitary Patent system after the Brexit, it is hard to believe London can keep its seat of the central division of the Unified Patent Court. This is argued in an interview with Kluwer IP Law by Cesare Galli, president of the Italian…
In this case the FCJ expanded on earlier case law regarding claim construction, in particular how a term used in the claim language should be interpreted in light of the specification and the entire set of claims. The Court held that the subject matter of the main claim can generally not be limited by a…
Two patents directed to a method for the electronic trading of stocks, bonds, futures, and options asserted by Trading Technologies International (TTI) against the CQG companies were not directed to an abstract idea and also recited an inventive concept, the U.S. Court of Appeals for the Federal Circuit has ruled. In affirming a federal district…
Since the UK announced it wants to ratify the Unified Patent Court Agreement despite the Brexit vote (last week the new IP minister of the UK, Jo Johnson, repeated the announcement of his predecessor Baroness Neville-Rolfe), preparations for the system have restarted in full, despite the fact that a British membership brings about uncertainty. Prof….
by Steven Willis In a judgment handed down at the end of last week, Arnold J has indicated his intention to make a reference to the CJEU concerning the interpretation of Article 3(d) of the SPC Regulation i.e. the requirement for the marketing authorisation (“MA”) on which an SPC application is based to be the…
The Preparatory Committee for the Unified Patent Court (UPC) expects the court to become operational in December of this year, with the Provisional Application Phase (PAP) starting by the end of spring 2017, probably in May. This has been announced on the committee’s website. According to the announcement, ‘the start of the sunrise-period for the…
In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the parity of a variant with the patented solution. The FCJ held that the considerations of the skilled person leading to an assessment of the variant as…
