Why would anyone want to have their own supplementary protection certificate (SPC) revoked? – The answer is, quite simply, Article 3(c). Under Article 3(c) of Regulation (EC) 469/2009 on SPCs for medicinal products (and, likewise, under Article 3(1)(c) of Regulation (EC) 1610/96 on SPCs for plant protection products), an SPC shall be granted only if…
by Adam Lacy and Thorsten Bausch As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. In EPO opposition proceedings, the BOA have the final say on whether to revoke a patent across all of the EPC…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from September, October and November. Top 3 Kluwer Copyright…
Plants which are produced according to essentially biological processes need to be held patentable, despite EPO Guidelines which were introduced in 2017 to exclude them from patentability. The EPO Board of Appeal came to this remarkable decision earlier today in case T 1063/18. By Frits Michiels and Bart van Wezenbeek Those who thought that the…
(Corrected) The American Food Drug Administration (FDA) will follow the European Medicines Agency from London to Amsterdam because of the Brexit. That is clear from a report on the website of the FDA, describing its international activities. “Since the first foreign office opened in Beijing in November of 2008, FDA’s international presence has grown to…
The District Court of the Hague granted a provisional injunction against Sandoz’ generic darunavir product. As it was already offered in the G-standard, price erosion was an imminent danger for which a provisional injunction was warranted, and the SPC appeared to be valid having been held so in the parallell procedure before the UK court….
On November 5th 2018 the Eastern High Court of Denmark ruled in favor of Hollister Inc. in a case regarding an invention described in a patent claim filed by Hollister Inc. Coloplast A/S claimed they were co-inventors of the invention and therefore co-owners of it. However, the Eastern High Court found that Coloplast had failed…
A consolidation and modernization of Europe’s intellectual property framework, featuring a “recalibration” of patent and SPC protection and possibly the creation of a unitary SPC title – those were the ambitious aims set out in the European Union’s single market strategy adopted in 2015. This was followed by a comprehensive evaluation of the legal aspects…
Looking back at this blog in 2018 from a bird’s eye perspective, I cannot resist the feeling that one of the most popular topics has been musing about the UPC’s future and speculating about the timing and the outcome of the decision by the Bundesverfassungsgericht (BVerfG) on Dr. Stjerna’s constitutional complaint. Even Stjerna himself has…
In its judgment of 25 July 2018 (Case C-121/17 Teva v. Gilead), the CJEU had its latest say on the interpretation of article 3 (a) of Regulation (EC) 469/2009 concerning the Supplemental Protection Certificates for medicinal products (the “SPC Regulation”). In particular, it concluded that article 3 (a): “[…] must be interpreted as meaning that…
