European Union Patents

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
News & Analysis as of

Europe: Combatting illegal pharma trade

We are delighted to announce the launch of our Combatting illegal pharma trade enforcement guide. This publication is a pharmaceutical industry-specific brochure which complements our suite of brand and trademark protection...more

False alarm: Spain will not join the Unitary patent system after all

You may recall that we reported here that, on 7 March, the Spanish Parliament had voted in favor of a non-binding motion (i.e. Non-Legislative Proposition -NLP) filed by the main party of the opposition (Socialist Party...more

The Impending Launch of the Unified Patent Court

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

UK Court Invalidates AbbVie HUMIRA Patents

On Friday March 3, 2016, in a decision in cases brought by Samsung Bioepsis UK Ltd. and Fujifilm Kyowa Kirin Biologics Co. Ltd., a U.K. court held invalid two European patents owned by Abbvie that purportedly cover Humira®...more

The Short-Lived Ailment of Poisonous Divisionals

After four years of the European Patent Office (EPO) ruling that a parent application can lack novelty over its divisional application, and vice versa, the EPO Enlarged Board of Appeal (EBA) in their decision G1/15 has...more

Rx IP Update - February 2017

Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a...more

“Poisonous Divisionals” Poisoned In The EPO

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more

Proposed timeline for the UPC from the Preparatory Committee

After the British government gave the go-ahead for the UPC system to enter into force in November 2016 by announcing that – despite Brexit – they intend to ratify the Agreement on the Unified Patent Court (UPCA), the...more

Biotechnology Considerations for the Unitary Patent System in Light of Brexit and Other Current Developments

Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

News from Abroad: Revised Provisional Timetable for the Unitary Patent and Unified Patent Court

The Preparatory Committee of the UPC has published a revised timetable for the final stages of preparations for the opening of the Unified Patent Court (UPC). The revised timetable indicates that the Sunrise Period during...more

Can Skechers Get a Second Bite at the IPR Apple?

On January 5, 2017, Skechers U.S.A., Inc. filed a petition with the Patent Trial and Appeal Board to institute an Inter Partes Review (IPR2017-00607) (“current IPR petition”) of two design patents owned by Nike, Inc.:...more

Unified Patent Court Could be Operational as Early as December 2017

As we discussed in a prior post, the introduction of the Unified Patent Court (UPC) will be a significant change to the European patent landscape and will have a profound effect on how life sciences companies set about their...more

UPC Targets December 2017 Launch

The Preparatory Committee for the European Unified Patent Court (UPC) has indicated its intention that the UPC will become operational and the UPC Agreement will come into force in December 2017....more

Proposed timeline for the UPC from the Preparatory Committee

After the British government gave the go-ahead for the UPC system to enter into force in November 2016 by announcing that – despite Brexit – they intend to ratify the Agreement on the Unified Patent Court (UPCA), the...more

European Unified Patent Court Roll-Out Planned For 2017

On January 16, 2017, the European Unified Patent Court (UPC) announced that a Preparatory Committee is currently working under an assumption that the Provisional Application Phase (PAP) of the UPC will presumably begin in May...more

EPO Stays Proceedings Over Patentability Of Plants And Animals

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

News from Abroad: Antibodies in the European Patent Office

The European Patent Office (EPO) continues to grant many patents relating to antibodies, and in doing so applies the same patentability criteria as to other inventions. However, some commentators have suggested that...more

Green Light to UK Ratification of the Unified Patent Court Agreement, Despite Brexit

On 28 November, the UK Government confirmed that it is proceeding with preparations to ratify the Unified Patent Court Agreement. This is an essential part of the process needed to realise the Unified Patent Court. Businesses...more

UK Prepares to Ratify Unified Patent Court Agreement

On Monday, 28 November 2016, the UK announced that it will proceed with its preparations to ratify the Unified Patent Court Agreement, notwithstanding the Brexit vote taken on 23 June 2016. This decision, surprising to many,...more

UK To Continue Steps Towards Ratification Of Unitary Patent Convention Despite Brexit

The EU’s Unitary Patent Convention and the associated EU patent had originally been expected to come into effect in 2017. This was, however dependent on ratification of the agreement by thirteen EU countries of which three...more

Brexit – the end of Pan European Patent Dispute Resolution?

For more than 40 years, resolving European cross-border disputes about patents in one proceeding has been a dream. The solution, by way of a new European Unified Patents Court (UPC), was until the summer of 2016 within...more

UK announces intention to ratify the Unified Patent Court Agreement

The UK Government yesterday announced that its plans to ratify the Unified Patent Court Agreement (“UPCA”) will not be derailed by Brexit. The UK Minister of State for Intellectual Property, Baroness Neville Rolfe, made the...more

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