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T 1852/13 – An End to the ‘Essentiality Test’?

T 1852/13 – An End to the ‘Essentiality Test’?

Background The EPO’s Boards of Appeal have previously used the ‘essentiality test’ to determine whether after the deletion of a claim feature the remaining subject-matter is still in compliance with the content disclosed in the application-as-filed....
Arrow Declarations – Part III

Arrow Declarations – Part III

Background For more information on Arrow Declarations, please read Part I and Part II of this series of articles. In September 2016, Mr Justice Arnold refused to strike out Fujifilm’s request for an Arrow Declaration, at the request of AbbVie, based on bad faith...
Unified Patent Court: Advice for Clients

Unified Patent Court: Advice for Clients

Introduction The European (EP) patent landscape is on the verge of the greatest change since the European Patent Convention entered into force in 1977 – the Unitary Patent Court (UPC) is about to open! A question mark over the involvement of the UK within the UPC...