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News and commentary on IP issues

Plausibility at the EPO - Enlarged Board of Appeal decision G2/21

HummingbirdHawkMoth
The long-awaited Enlarged Board of Appeal decision G2/21 has finally been issued. It confirms that evidence submitted in support of inventive step cannot be disregarded solely on the ground that such evidence had not been public before the filing date and was only filed after that date. The background to this Decision and the referral to the E...
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1464 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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2121 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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  2919 Hits
2919 Hits