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Introduction The implementation of 4G mobile communication technology in the UK has become very expensive for Apple in light of the High Court of England and Wales’ decision last month in Optis v. Apple. The court held that Optis’s standard-essential patents (‘SEPs’) were infringed by Apple. The court added that it was willing to decide…
On 1 June 2021, the Amended Patent Law took effect and introduced patent term extension (“PTE“) and patent linkage (“PL“), which are closely related to the pharmaceutical industry. The legislative amendment reflects China’s determination to promote the research and development of innovative drugs in the pharmaceutical industry. The China National Intellectual Property Administration (“CNIPA“), the…
Legal basis The legal basis for compulsory licenses under Singapore patent law is the Patents Act under Chapter 221, Part XI, Section 55 (Patents Act). As of January 1, 2020, Singapore changed its patent system and applications are now required to go through local substantive examination prior to issuance. Requirements for obtaining a Compulsory License…
In its much-awaited decision in case G 1/21, the Enlarged Board of Appeal (EBA) of the EPO has evaded to answer the high-profile question whether videoconferencing against the will of (one of) the parties is compatible with the right to oral proceedings. Last March (case T 1807/15), a technical board of the EPO had referred the…
According to established case law, it is sufficient for the realization of a feature containing an indication of purpose if the device protected is suitable for use for the purpose mentioned due to its structural design. In the case of a feature that is claimed in a generalized form, the patent specification does not have…
Legal Basis The legal basis for compulsory licensing in Russia flows from Articles 1360 and 1362 of the Civil Code of the Russian Federation (Civil Code). Article 1360 of the Civil Code allows the Russian Government to grant permission to the use of a patented invention in the interest of defense and national security. Such…
After a delay of almost four years, the route to German ratification of the Unified Patent Court Agreement has been reopened by the decision of the Federal Constitutional Court of 23 June 2021, which was published yesterday. The FCC’s rejection of two applications for an interim injunction against the UPCA ratification bills means the German…
On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the Optis v Apple UK action ([2021] EWHC 1739 (Pat); a link the judgment is here). This decision concerned the validity and infringement of EP (UK) 2 229 744. This patent had previously…
In a surprising decision, the Federal Court has modified the law of patent term extensions in Australia, by clarifying that it’s only the patentee’s goods that are relevant to the proposed extension – not those of a competitor, even if the competitor’s goods came first and also contain a “pharmaceutical substance per se” that is…
Legal Analysis In Australia, the law with respect to compulsory licenses is framed to prevent useful inventions from remaining unworked in Australia. A person who wishes to exploit a patented invention may apply to the Federal Court for an order requiring the patentee to grant the applicant a license. Such an application can only be…
