An outburst of anger of a president and his re-election, social tensions, industrial actions: for anyone familiar with the world of patents it will be clear that all this refers to the European Patent Office, which drew a lot of attention on the Kluwer Patent Blog last year, even more than the biggest change in…

There are currently two referrals on SPC law pending before the Court of Justice of the European Union (CJEU), both of which concern the interpretation of Article 3(c) of the SPC Regulation (EC) 469/2009. This provision essentially ensures that the same person cannot obtain more than one SPC for the same product (active ingredient), which…

Christmas is a season for rest, family gatherings, warm wishes, hopes and good cheer. These days, children and adults alike may be preparing their wish list for Father Christmas. One of the gifts that patent aficionados are expecting with excitement for 2023 is a clear answer to the questions referred to the EPO Enlarged Board…

If everything goes according to the most recent plan, the Unified Patent Court will finally open its doors on 1 June 2023, with the sunrise period starting the first of March. The UK, initially one of the driving forces behind the Unitary Patent system, will not join the opening party, as it withdrew its membership…

On July 20, 2022, the Japan Intellectual Property High Court (“IP High Court”) rendered the first-ever decision allowing enforcement of Japanese patent rights against infringing acts partially committed outside of Japan (Case No. 2018 (Ne) 10077). The plaintiff Dwango Co., Ltd. sued co-defendants FC2, Inc. (U.S. company) and Homepage System, Inc. (Japanese company), alleging that…

The healthcare sector in Brazil is one of the most important in the world in view of the size of the population (+220 million people) and the availability of a universal public healthcare system. The action of antibodies as therapeutic agents may involve processes of neutralization, opsonization and activation of immune complement system, transforming them…

Opt out your existing patents from the jurisdiction of the Unified Patent Court. That is the advice European patent attorney Martin Luten repeatedly gave to the audience of a webinar last month of his firm Arnold & Siedsma. In the webinar, Luten discussed the basics of the Unitary Patent (UP) and the Unified Patent Court…

It’s been a long time since I’ve evoked my favorite topic here. It seemed to me that the last four weeks before New Year’s Eve were an ideal time to summarize the understanding of FRAND litigation in French law. Four parts: the nature of the FRAND commitment, the jurisdiction, the setting of the royalty rate,…