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McDermott Will & Emery

Legal Lens on the Unified Patent Court | April 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

MoFo Life Sciences

Update February 2024 On Commission Plans Liberalization Of New Genomic Techniques (NGTS) In The EU

MoFo Life Sciences on

On February 7, 2024, the European Parliament approved the draft regulating plants obtained by certain new genomic techniques (NGT) like CRISPR-Cas. The members of the European Parliament (MEPs) voted to divide NGT plants into...more

Jones Day

Finish in Eight Months: The EPO Sets Timeline for New Accelerated Opposition Practice

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The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more

Fish & Richardson

EPO Enlarged Board of Appeal Raises Bar for Challenging Priority Claims at the EPO

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Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of...more

Cooley LLP

European Patent Office Makes Major Changes in Priority Entitlement

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The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from...more

Goodwin

Some Much-Needed (Applicant-Friendly) Clarification on Priority Claims at the European Patent Office

Goodwin on

On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more

Stradling Yocca Carlson & Rauth

IP Owners Beware: The Fast Approaching European Unitary Patent System and Unified Patent Court

Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new Unified Patent Court (UPC) is expected to open for...more

Ladas & Parry LLP

European Unitary Patent and Unified Patent Court

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In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that...more

Wilson Sonsini Goodrich & Rosati

Major Change to European Patent System in 2023 to Impact Patent Owners' Portfolios

A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual...more

Goodwin

The Unified Patent Court is (Finally) Coming to Europe and Bringing Some Pretty Fundamental Changes with It

Goodwin on

Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more

BakerHostetler

Considerations For Applicants and Practitioners Due to Recent EPC Guidelines Regarding Description Amendment Requirements

BakerHostetler on

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the...more

Wilson Sonsini Goodrich & Rosati

European Patent Office (EPO) Upholds Foundational CRISPR Patent Owned by UC, Univ. of Vienna, and Charpentier

On February 10, 2020, the European Patent Office Opposition Division announced the results of an opposition filed against patent EP2800811, owned by the Regents of University of California, University of Vienna, and Emanuelle...more

Winstead PC

Happy BREXIT Day! What Happens to your EU and UK Intellectual Property?

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European and UK patents are not impacted by Brexit. The European Patent Office (EPO) is established under the European Patent Convention (EPC). The EPC is separate from the European Union and the UK is, now, one of several...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - September 2019: Post-Filing Experimental Data at the European Patent Office

The Guidelines for Examination in the European Patent Office (EPO) permit the use of post-filing experimental data in a limited manner to support the scope of objected claims. However, reliance on post-filing data differs...more

Cooley LLP

Alert: The EPO’s Approach to the Patentability of Plant-Related Inventions

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Last month, the European Patent Office (EPO) issued the much anticipated Written Decision associated with case T1063/18. We have previously written about this case in our alert "EPO May Return to Patenting Plants Obtained by...more

Cooley LLP

Alert: EPO May Return to Patenting Plants Obtained by an Essentially Biological Process

Cooley LLP on

On December 5, 2018, a Technical Board of Appeal of the European Patent Office (EPO) announced that a recently introduced rule, which prohibits the grant of patents in respect of plants or animals exclusively obtained by...more

Cooley LLP

Alert: What Happens to Your IP Rights After a “No-Deal” Brexit?

Cooley LLP on

On 24 September 2018, the UK Government outlined its position on how the various Intellectual Property (IP) rights will be treated following "Brexit Day" – planned for 29 March 2019, in the unlikely event that the United...more

Jones Day

Gap of Information is Reason for Revoking a European Patent

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The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more

Jones Day

Disclaimers Double Standard Acknowledged by European Patent Office

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The Situation: A recent decision by the Enlarged Board of Appeal of the European Patent Office confirmed that a 2011 ruling dealing with disclosed disclaimers does not overrule its 2004 decision applying to undisclosed...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Preparing European Priority Applications for Stronger U.S. Patents

The current U.S. patent climate mandates a heightened focus on quality prosecution. For consumer product companies headquartered in Europe, and for those that regularly innovate there, this means preparing and filing European...more

Jones Day

Clarifying or Conforming? The EPO Bows to the European Commission

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In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

Jones Day

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

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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

Ladas & Parry LLP

“Poisonous Divisionals” Poisoned In The EPO

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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

Nutter McClennen & Fish LLP

EPO Begins Enforcing Dual-Party Execution of Assignments

We have previously noted that assignments executed solely by the assignor (e.g., an inventor when assigning rights to their employer) are technically deficient in Europe due to a difference between U.S. and European law. In...more

Knobbe Martens

Getting the Most from Biotech Patents in Europe Without Breaking the Bank: Selecting the Right Countries for Validation

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Once a European patent application has been granted, all patentees must then choose to validate the granted application in one or more European countries. Such a decision may have long-term business and legal consequences. ...more

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