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The Unified Patent Court is struggling once more with technical issues. In the meantime, the registrar has stated he cannot give legal advice on the UPC’s opt-out procedure. Two days ago, the court announced that technical maintenance was needed due to technical difficulties, and that the CMS would not be available for three days –…
On 21 March 2023, Meade J gave a bumper judgment in the revocation action brought by Gilead in respect of two of NuCana’s patents from the same family (EP (UK) 2 955 190 and EP (UK) 3 904 365, the “Patents”), which relate to nucleoside analogues. Filling 102 pages, the judgment raises a number of…
EU institutions have recently paid attention to Standard Essential Patents (SEPs) and how the SEPs framework could be improved to encourage innovation while also promoting competition and satisfying consumers’ interests. In its 2020 Intellectual Property Action Plan on IP, for example, the Commission stressed the need to set the right conditions for a transparent, predictable,…
The concept of plausibility has caused great controversy in European patent law in recent years. It was hoped that the decision of the Enlarged Board of Appeal (EBA) of the EPO in G 2/21 would bring clarity. Since the referral questions by Board 3.3.02 were very clear and seemed to present reasonable alternatives from which…
The Brazilian Patent Statute (Federal Law #9,279/96) establishes that foreign applicants must appoint and maintain a representative in Brazil for each patent application filed with the Brazilian Patent and Trademark Office (BRPTO). Only through a patent agent—be it a person or a legal entity—can a foreign application file and prosecute an application. In November 2020,…
On 16 March 2023, the High Court of England and Wales handed down its judgment following the FRAND trial in InterDigital v Lenovo. This is the second judgment containing a substantive FRAND determination issued by the English Courts and the UK remains one of the few jurisdictions in which courts can and have determined global…
The Registrar of the Unified Patent Court has provided information on most commonly identified issues regarding the sunrise functionalities of the Court’s CMS. According to the Registrar, former chairman of the UPC’s preparatory committee Alexander Ramsay, three weeks into the sunrise period approximately 1500 applications to register as a representative before the Court have been…
The Brazilian healthcare legislation establishes in the legal definitions of generic drugs (article 3, items XX and XXI, Statute #6,360 of 1976[1]) that their labels must have all and the same therapeutic indications of the reference-listed drug. The law only allow differentiation in characteristics like product’s size and shape, shelf life, package, and excipients[2]. The…
On 28 February 2023, the majority of the Danish Maritime and Commercial High Court did not find sufficient grounds for rebutting the presumption of the validity of the Danish patent DK/EP 2 959 894 (the “Contested Patent”), held by Novartis, and thus decided to grant a preliminary injunction against Zentiva. Notably, though, the opposing judge…
This year’s release of Visser’s Annotated European Patent Convention, or as it is commonly known, simply “Visser” is just around the corner. Since the previous edition, updated until March 2022, there have been several law changes, as well as new case law and updates in the Guidelines. Those changes are reflected in the update, and…
