News & Analysis as of

European Patent Office

News from Abroad -- Disclaimers: Door Remains Open for Undisclosed Disclaimers at European Patent Office

The Enlarged Board of Appeal has now released its written decision in respect of G 1/16 (T 0437/14). This decision resolves the question regarding which standard is to be applied to determine whether an "undisclosed...more

Just Because It’s Nanoscale, Doesn’t Mean It’s Not a Big Deal

Nanotechnology has been taking innovation by storm for decades now and its only increasing its footprint. This is reflected in the growing number of granted patents and published applications directed to nanotechnology...more

Disclaimers Double Standard Acknowledged by European Patent Office

by Jones Day on

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

Patent Covering Methods of Advanced Genomic Selection from Guinea Pigs to Corn Survives Opposition in EU

Effectively protecting improved genetics requires a multi-pillared strategy considering the biological organisms themselves, methods of use, methods of breeding, and any regulatory data protection. The EPO recently upheld a...more

[Webinar] Strategies for IP Prosecution and Enforcement in Europe and the United States Webinar Series: Freedom to Operate and...

This latest series of webinars will explore emerging trends in the changing intellectual property (IP) legal environment in Europe and the United States. Our team will provide guidance for challenges faced by IP owners and...more

The Broad Institute has a Patent Revoked by the EPO on Technical Grounds

The CRISPR/Cas9 landscape continues to evolve around the world. On January 17, 2019, the EPO’s Opposition Division revoked Broad’s patent EP2771468 on the grounds it lacked novelty. The revocation will not be take effect...more

Broad Institute CRISPR-Cas9 patent revoked in Europe

by Allen & Overy LLP on

17 January 2018 – the Opposition Division (OD) of the European Patent Office (EPO) has today revoked one of the Broad Institute’s foundational CRISPR-Cas9 patents in Europe (EP2771468), upholding the preliminary opinion,...more

Patentability of Diagnostic Methods in Europe

Like the USPTO, the European Patent Office (EPO) considers that the discovery of a natural phenomenon is not patent eligible. However, unlike the USPTO, the EPO takes the view that a patentable invention can derive from a...more

[Webinar] Roadblocks Ahead: Refusal/Rejection and Options for Further Action - December 13th, 10:00am ET

If you come up against a brick wall during examination at the European Patent Office (EPO) or the United States Patent and Trademark Office (USPTO), a number of options and strategies may still be available to you. Please...more

Patentability of Natural Products in Europe

There is currently a significant divergence in practice between Europe and the United States when considering the patentability of naturally-occurring products. Since the Myriad decision of the U.S. Supreme Court, the USPTO...more

2017 European Patent Office Updates

The European Patent Office recently revised its Examination Guidelines. These Guidelines are primarily directed to the patent examiners and formalities officers of the EPO, but they are also helpful to anyone practicing...more

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

A Stricter EPO? The EPO Updates its Guidelines for Examination

Effective 1 November 2017, the European Patent Office (EPO) has updated its Guidelines for Examination. While we have already reported the modifications relating to the practice of assignments, here we uncover some of the...more

Compulsory patent license for protected active substances for individualized therapies

by DLA Piper on

In a recent decision ("Raltegravir"), the German Federal Court of Justice (FCJ) has for the first time confirmed a compulsory patent license granted by the German Federal Patent Court (FPC) in first instance in a preliminary...more

USPTO and EPO Examiners Discuss Key Considerations for Filing Effective Precision Medicine and Bioinformatics Applications in the...

At a symposium and webinar presented by Fenwick & West and Mewburn Ellis, we asked U.S. Patent and Trademark Office and European Patent Office examiners to provide perspective on the preparation and prosecution of patent...more

Stricter Assessment of Assignment Documents by the EPO

The European Patent Office (EPO) has recently introduced more stringent checking of documents filed in support of a transfer of rights. This will apply whenever the EPO is asked to update its records of the ownership of a...more

[Event] Precision Medicine and Bioinformatics at the EPO and USPTO - September 21st, Mountain View, CA

by Fenwick & West LLP on

As traditional biomedical research and data science have converged, we have seen an influx of patent application filings in this newly developing space. The prepar?ation and prosecution of these cross-disciplinary patent...more

[Webinar] Prior Art: Understanding and Attacking Prior Art Rejections - September 6, 10:00am ET

Join us for a compare and contrast discussion on what constitutes prior art in the United States and in Europe, and how to respond to rejections over that art. Relying on over sixty years combined prosecution experience...more

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

by Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

News from Abroad -- EPO Applies Doctrine of Plausibility to Small Molecule Pharmaceuticals

In Decision T 488/16, the Boards of Appeal of the European Patent Office (BoA) have revoked EP 1 169 038, which protected the blockbuster protein tyrosine kinase (PTK) inhibitor dasatinib (Sprycel®). The only request on file...more

Taking Advantage of the Global Supply Chain for Patent Examination

by Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...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

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

by WilmerHale on

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...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

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