News & Analysis as of

Patents European Union

News from Abroad -- Briefing on Supplementary Protection Certificates for Medicinal Products

What are SPCs? A Supplementary Protection Certificate (SPC) is an intellectual property right available for active ingredients of human and veterinary medicinal products requiring marketing authorisation. Originally...more

Rx IP Update - July 2017

by Smart & Biggar on

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

Biosimilars in Europe

Europe has led the way globally with respect to biosimilar medicines since 2005. In that year, the European Medicines Agency (EMA) issued regulatory guidelines for the development and assessment of biosimilars....more

UK Supreme Court broadens scope of patent protection

by Dechert LLP on

The UK Supreme Court’s recent judgment in Actavis v Eli Lilly sets out a revised approach to assessing the scope of protection of patents. The new approach is likely to confer greater protection on patent owners, by providing...more

Global Patent Prosecution Newsletter - July 2017

Biosimilars Around the World - Last month’s Supreme Court ruling in Sandoz v. Amgen brought greater certainty to both biosimilar applicants and originators in the United States. The July 2017 issue of Sterne Kessler’s...more

Clarifying or Conforming? The EPO Bows to the European Commission

by Jones Day on

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

UK Supreme Court hands down landmark ruling in favour of Eli Lilly

by Hogan Lovells on

Following last Friday’s (7 July 2017) unusual move of advance publication of the outcome of the case, the UK Supreme Court now published the reasons for its decision in the long-running Actavis v Eli Lilly case. The reasons...more

New EPO Rules For Patenting Plants and Animals

The EPO has clarified its approach to the patentability of plants and animals by making changes to its rules. Article 53(b) EPC derives from an EU Directive (Article 4(1) of Directive 98/44 EC) and excludes from...more

News from Abroad -- EPO Lifts Stays of Proceedings Following Implementation of New Plant Patent-Eligibility Rules

On 3 July, the European Patent Office (EPO) lifted its stays of proceedings on cases that had been held in abeyance pending new rules on the patent-eligibility of plant-related subject matter. Following an intervention by...more

Smart technology – patents

by Dentons on

With devices getting more advanced and our reliance on connectivity ever increasing, smart technology is a burgeoning space extending in all directions. Although there is little question that much of this space is patentable,...more

Update on the UPC Case Management System

by Hogan Lovells on

A new note regarding the implementation of the UPC Case Management System (CMS) was published yesterday by the IT Working Group Coordinator, Dario Pizzolante. The note announces the release of the latest CMS version and...more

Italian time-machine : Limitation of the duration of an SPC may be decided by the Italian Patent Office

by Hogan Lovells on

The Board of Appeal of the Italian Patent Office (Commissione dei Ricorsi), by decision published on June 26, 2017, acknowledged the right of the patent holder to ask the Italian Patent Office for the limitation of the...more

Whoops, I did not want to file that European Application. Can I get a Do-Over?

by Miles & Stockbridge P.C. on

It is rare, but there are times where one will file a European Application (EA) and then change their mind due to business considerations. Filing fees are a significant part of the fees associated with filing an EA....more

UPC Edging Closer Towards Reality, German Challenge Remains

by White & Case LLP on

Battling continued headwind, the Unified Patent Court (UPC) took another step toward reality in Europe this week, as the UK laid before Parliament the Order on Privileges and Immunities for the UPC....more

EP Opposition and US Inter Partes Review Decisions Go Hand In Hand

It is often desirable to obtain patent protection for inventions both in Europe and the United States. As a result, competitors frequently look to Europe and the US as important jurisdictions for challenging the validity of a...more

A Comparison of US and EPO Post Grant Practices

Challenging the validity of a patent through the courts of Europe and the United States can be a time-consuming and expensive process. Oppositions at the European Patent Office (EPO) and US post-grant cancellation...more

Global Patent Prosecution Newsletter - June 2017

Revocation Proceedings Around the World - Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more

The Essentiality Test – Falling Out of Favour at the EPO?

The European Patent Office (EPO) has a notoriously strict approach when considering amendments to patent applications. If an amendment extends the subject matter beyond the content of the application as filed, then the...more

German Court Delays Implementation of Unified Patent Court Legislation

by Latham & Watkins LLP on

Germany’s constitutional court, the Bundesverfassungsgericht, has requested that the German President hold off on signing the legislation ratifying the Unified Patent Court (UPC) and the Unitary Patent (UP) following a...more

Preparatory Committee announce delay to UPC Timetable

by Hogan Lovells on

Yesterday, the Preparatory Committee of the Unified Patent Court (UPC) announced that the previously stated target date for the entry into operation of the UPC, envisaged for December 2017, will now be delayed....more

[Webinar] Drafting the “Global” Patent Application - June 14th, 10:00am ET

It all starts with drafting. A poorly drafted patent application, more often than not, leads to poor patent protection. The goal of providing enforceable claims starts and ends with a well drafted application. And what may be...more

Diplomatic Community-May 2017

by Kelley Drye & Warren LLP on

Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more

Bill C-30 passed Senate yesterday to usher in changes to Canadian pharma patent regulations

by Smart & Biggar on

Bill C-30 was passed by the Senate yesterday, May 11, 2017 without amendment. Bill C-30 is the bill that will implement the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). As reported here, this...more

Putting the Pedal to the Metal at the EPO

It should come as no surprise that the home of the Bundesautobahn has multiple mechanisms to speed up patent prosecution. And since the average pendency of a European application is approximately four years[i], patentees will...more

Global Patent Prosecution Newsletter - March 2017

The March 2017 inaugural issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for accelerated examination strategies in the United States, Europe, and Asia. Please see...more

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