Patents

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1 to 10 of 269

  • European SPC reform: waiver legislation coming into force on 01 July 2019

    Article

    Submitted: 11 June 2019

    Following its approval by the European Parliament in April, the final legislation amending SPC Regulation EC/469/2009 – Regulation (EU) 2019/933 of 20 May 2019 – has now been published in the Official Journal of the EU and will enter into force on 01 July 2019.

  • High Court rules out fortification of cross-undertakings where the underlying injunction has been discharged

    Article

    Submitted: 28 May 2019

    UK Patents Court dismisses application for fortification of a cross-undertaking for damages where underlying preliminary injunction discharged because patent held to be not infringed.

  • France and FRAND : what’s new ?

    Article

    Submitted: 24 May 2019

    On 16 April 2019, the Paris Court of appeal considered that the two patents remaining under discussion were non-essential and thus refused to fix FRAND terms and conditions.

  • Council publish statements from Member States on SPC waiver

    Article

    Submitted: 10 May 2019

    The European Parliament has approved the proposal to amend the European SPC Regulation (EC/469/2009) to introduce a manufacturing waiver. Here we discuss two recent updates concerning the reactions of certain Member States along with the status of the legislative procedure.

  • SPC Manufacturing Waiver approved by European Parliament

    Article

    Submitted: 23 April 2019

    The proposed European legislation to amend the SPC Regulation and introduce a manufacturing waiver (for export and stockpiling) has now been approved by the European Parliament on first reading.

  • Supreme Court rules lower dosage regime obvious

    Article

    Submitted: 04 April 2019

    ​The UK Supreme Court on 27 March 2019 handed down its decision in the Actavis v ICOS patent case. The Supreme Court agreed with the Court of Appeal in overruling the first instance decision and ruling that the patent was invalid for lack of inventive step.

  • Update - SPC Manufacturing Waiver nears approval

    Article

    Submitted: 04 April 2019

    ​Following the flurry of EU legislative activity in January 2019, there have been significant developments in the progress of the proposed amendments to the SPC Regulation (EC/469/2009). In this update, we analyse the main developments in what now appears to be the form of legislation that is set to be passed in the coming months.

  • CJEU issues judgment on SPCs to new formulations of old active ingredients

    Article

    Submitted: 22 March 2019

    In Abraxis (C-443/17), the CJEU confirms that an SPC is not available for a new formulation of an old active ingredient.

  • Referral to the EPO Enlarged Board (G1/19)

    Article

    Last Reviewed: 21 March 2019 / Submitted: 01 March 2019

    An EPO Board of Appeal has referred a set of questions concerning computer-implemented inventions to the Enlarged Board of Appeal.

  • Regen Lab v Estar Medical - Equivalents and Numerical Limits

    Article

    Submitted: 19 March 2019

    A look at a recent decision of the UK Patents Court where the doctrine of equivalents was considered in the context of numerical limitations in claims.

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