A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the holder of the patent. ‘Invention’ means a solution to a specific problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time, generally 20 years. In a number of countries, inventions are also protectable through registration of a ‘utility model’ or ‘short-term patent’.
In a recent decision, the appellate court upheld a ruling whereby the patentee had forfeited the opportunity to obtain a PI because it chose to file a main action first – even though the main action had been suspended pending EPO opposition proceedings. This decision could have farreaching consequences as it may entail that a…
On 15 to 17 December 2021 a three-day trial took place to determine preliminary issues in a second action brought by Neurim against Mylan in relation to patents protecting the product Circadin (“Neurim v Mylan 2021”). Meade J’s judgment (Neurim Pharmaceutical (1991) Limited and Anor v Generics (UK) Limited t/a Viatris and Anor [2022] EWHC…
Update 03/02/2022: The preview has been re-published and the links to it in this article are live again. Update 02/02/2022: The original press release regarding the advance preview of the Guidelines and the pdfs of the preview have been taken down. The links in this article will be updated once the advance preview is re-published….
Executive version: Quite a few scholars have tried to decipher the hymn sheet shown on Elias Haussmann’s famous portrait of Johann Sebastian Bach. This blog tries to decipher the latest changes in the EPO Management just announced by the President. On a peaceful, sunny morning as we had it today I sometimes indulge in the…
A French government press release dated January 20, 2022, announces the creation of a harmonized intellectual property framework with the entry into force of the Unified Patent Court following the ratification of the international agreement concerning it. But what does it means exactly for us? Regular readers of this blog are aware of my…
In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…
Breaking News: According to the EU Council’s Website, Austria has deposited its instrument of ratification yesterday, which means that the Period for Provisional Application begins today. Let’s see when it ends. Good luck to the Preparatory Committee with the numerous preparation activities that must now be started.
After the disruption brought on by the pandemic, it seems that this year the Mobile Word Congress (“MWC”), the largest mobile trade event in the world and one of the most significant trade fairs held in Barcelona, will take place from 28 February to 3 March 2022 under normal conditions. Against this background, on 10…
According to article 1 of the European Patent Convention (EPC), “a system of law, common to Contracting States for the grant of patents for inventions is established by this Convention.” So, at first glance, it would appear that the European Patent Organisation was meant to be an International Institution governed by the rule of law….
Breaking News: The President of the Boards of Appeal and the President of the Office jointly propose to the Administrative Council to re-locate the Boards of Appeal from Haar to the building Pschorr-Höfe 7 in Munich, owned by the EPO, as of 2025/2026. While this pretty spectacular U-turn still has to be confirmed by the…
