Plausibility has been a hot topic for a couple years, so it was no surprise the issue graced the roster for the Pharma Day series of panels at the AIPPI World Congress. Moderating the session, Juergen Meier (Vossius), explained that EPO examiners were increasingly probing a patent beyond the standard novelty and inventive step requirements…
The panel sessions of AIPPI Sydney 2017 opened in style with a blockbuster trade secrets double session. Chaired by Annsley Ward (Bristows) and Mark Ridgway (Allen & Overy) with panel guests Lucas Kenny (NetApp, Australia), Catherine Mateu (Armengaud Guerlain, France), Linda Lecomte (Wuersch & Guering, US), Judge Matthias Zigann (Munich regional Court, Germany) and Justice…
The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council. Thus, the Administrative Council is supposed to supervise the…
For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of inventive activity. Unlike in other jurisdictions such as Germany, in Spain this method has become the natural instrument used…
Although the Irish government scheduled a series of referendums for 2018 and 2019 last month, the referendum on Irish participation in the Unitary Patent system was not one of them. This was confirmed by the Department of Business, Enterprise and Innovation in Ireland. The press office of the ministry stated: ‘The Government deferred making a…
The Administrative Council (AC) of the European Patent Organisation has elected António Campinos to succeed Benoît Battistelli as President of the EPO. Campinos 5-year term will start on 1 July 2018. According to an EPO announcement, the Portuguese Campinos was elected during the AC meeting in Munich today. He is currently Executive Director of the…
In the US, the potential for forum shopping in patent litigation has recently been reduced by the TC Heartland ruling of the Supreme Court. But what can be expected at the Unified Patent Court, with its central, regional and local divisions? Amandine Léonard, PhD researcher at the KU Leuven Centre for IT & IP Law, thinks the…
The IT Team of the UPC Preparatory Committee will launch a new version of its CMS next week, in line with the requirements of the period of Provisional Application of the UPCA ‘and specifically designed for the Court’s sunrise phase’ – the period preceding the UPC opening its doors, during which European patents can be…
A judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. The decision stemmed from a judgment of 12 September 2014 from the Barcelona Court of Appeal (Section 15), which had declared patent ES 2.344.241 invalid due to lack of novelty….
The Patent Trial and Appeal Board’s construction of the term “body” disclosed in multiple claims of a downhole drilling tool patent has been reversed by the U.S. Court of Appeals for the Federal Circuit as unreasonably overbroad and contrary to descriptions in the patent’s specification. The Board’s rejection of the challenged claims following inter partes…
