European Unitary Patent in 2022?

Europe
As the European Patent Office announces transitional provisions ready for entry into force of the UPC Agreement, it is starting to look like we may have the first European Unitary Patent within the next year or so. While there will of course be competition to see who manages to get the first Unitary Patent, there are also serious strategi...
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50 Hits

Plausibility - EPO stays proceedings in view of Enlarged Board Referral

moth-g635cf3fe4_1920
The European Patent Office has announced a stay of all examination/opposition proceedings involving applications/patents in which the assessment of inventive step is exclusively based on evidence that was not publicly available before the filing date, and in which the decision depends entirely on the outcome of Referral G2/21 (Plausibility), u...
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489 Hits

A Unified Patent Court for Europe - Coming Soon?

UPC
Europe may soon have its Unified Patent Court and Williams Powell is ready to assist you. With attorneys qualified for the European Patent Litigation Certificate (which gives UPC rights of representation) and as a Patent Attorney Advocate & Litigator (which gives rights of representation in the UK Courts) we are well-placed not only to obtain I...
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588 Hits

Patent Sufficiency reconsidered by UK Court of Appeal

Sufficiency
This Court of Appeal Decision concerned two families of patents held by FibroGen:Family A and Family B relating to H1F-PH inhibitors for the treatment of (respectively) CKD anaemia (anaemia associated with chronic kidney disease) and ACD (anaemia of chronic disease).Family A was published before the relevant priority date of Family B, and so i...
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394 Hits

Illumina – Shining a light on DNA Sequencing Technology

Sequence
In this English High Court case relating to the infringement and validity of five patents held by Illumina, Mr Justice Birss decided upon several hot topics in the biotech patenting world. We summarise some of the most interesting points here. The Technology Briefly, the patents related to DNA sequencing technology.More specifically, three of ...
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920 Hits

Claiming Antibodies in European Patent Applications

Immune
In the past year, we have all heard more about antibodies in the general news than anyone ever desired. When we are exposed to pathogens, antibodies form a vital part of our immune systems in protecting us from deadly diseases.Isolated from the body or synthetically produced, antibodies can have many uses and are particularly important as therapeut...
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1379 Hits

Defining Amino Acid and Nucleic Acid Sequences in European Patent Applications

BioSeq
Welcome guidance on the interpretation of claims to amino acids and nucleic acids defined by their sequences is provided by updated Guidelines for Examination at the European Patent Office now in force. New section F-IV-4.24 sets out that both amino acid sequences and nucleic acid sequences can be defined by "percentage identity". The percenta...
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1118 Hits

European Patent Office pushes use of video conferences in Opposition Division oral proceedings

 As of January 2021, parties will no longer have free choice on whether a hearing (oral proceedings) during examination or opposition is in person or via video conferencing before the European Patent Office (EPO). Video conferences will be the default. 12 months ago, we would have had to fight for a hearing (oral proceedings) to be held with t...
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1041 Hits

Supplementary Protection Certificates: Only for First Use of an Authorised Product

A Supplementary Protection Certificate (SPC) can provide up to five years additional protection for a patented active ingredient of a pharmaceutical product that has received a marketing authorisation. The objective is to compensate a patent holder for the delay in being able to use the patent by the need to obtain the marketing authorisation. An S...
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647 Hits

UK IPO Calls for Views on Patents for AI Inventions

We have previously written about our involvement in filing and prosecuting patent applications for two inventions created by the AI inventor DABUS, and naming DABUS (the true deviser of the inventions) as the inventor.The UK IPO found the inventions to be both novel and inventive, and therefore, in principle, protectable by patent.  ...
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UK Patent Courts Warn Against Greedy Claims

Ever since the Decision issued back in 1997 in the case of Biogen v Medeva the concept of insufficiency has been extended, particularly in the chemical and biotech fields, to include claims that have "excessive breadth" (so-called "Biogen insufficiency"). The Courts in the UK have applied this frequently to revoke patents that they decide clai...
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1134 Hits

UK Supreme Court invalidates transgenic mouse patents for insufficiency

Regeneron Pharmaceuticals' European patent EP 1360287 and its divisional EP 2264163 relate to methods of producing transgenic mice able to produce antibodies having human sequences, and the mice produced thereby. These patents covered the idea of producing mice having mixed human-murine gene sequences that could be subsequently modified t...
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1257 Hits

Plants Produced by Essentially Biological Processes are not Patentable in Europe

vegetables
You might think that an article dealing with broccoli, tomatoes and peppers ought to be on a recipe blog. However, these are the names of high profile cases in an area that, over recent years, has seen more change in European patent law than perhaps any other. It now seems that the European Patent Office wants closure. We reported here on the most ...
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1566 Hits