On July 14, a Brazilian Congressman Mr. Alexis Fonteyne presented a Patent Bill proposing key amendments to the Patent Statute (Law No. 9,279 of 1996). The proposal represents an important development for the IP community, especially when it comes to patent term compensation, which may become statutory if the bill is approved (click here for an English…

As per the EPC definition, a substance or composition that is already known to have been used in a “first medical use” may still be patentable for any second or further use, provided that said use is novel and inventive. Even though the first medical use was the subject of patent protection within the EPC…

Introduction In a ruling by Hacon HHJ on 4 July 2022, [here] the English Patents Court has invalidated three patents belonging to J. C. Bamford (JCB) while finding a fourth valid and infringed by Manitou UK Ltd and its parent company Manitou BF (Manitou).  The judgment followed a six-day trial in November last year. Parallel…

As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account to interpret its scope of protection. For example, the UK Supreme Court, in its landmark judgment of 12 July…

In September 2021, Brazilian Congress passed a law changing the compulsory licensing landscape as a political answer to the impact of the Covid-19 pandemic. Initially, Congress wanted to include new possibilities to issue compulsory license and tried to create a mandatory tech transfer provision that could severely jeopardize companies doing business in Brazil. In view…

Because the patent failed to disclose the absence of a loading dose, the no-loading-dose limitation was without adequate written description support. A divided Federal Circuit panel has reconsidered and reversed a prior decision finding that a patent owned by Novatis for administering a drug to treat relapse multiple sclerosis was not invalid for lack of…

Barcelona Commercial Court no. 5 – arguably Spain’s most active patent court – rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a preferred embodiment represented in one of the drawings. While probably not a watershed case, this precedent should be considered in future disputes…