Schlich Ltd +44(0) 1903 717001 info@schlich.co.uk
Omnipharm Limited v Merial [2011] EWHC 3393 (Pat)

Omnipharm Limited v Merial [2011] EWHC 3393 (Pat)

by | Jan 1, 2013 | UK

To be patentable a claim must be new and comprise an inventive step. Novelty is a question of fact: are all of the features of the claim present in a relevant single disclosure dating prior to the priority date of the patent application? However, the assessment of...
The CJEU decision in Brüstle v Greenpeace e.V. (C-34/10)

The CJEU decision in Brüstle v Greenpeace e.V. (C-34/10)

by | Jan 1, 2013 | EPO

Brüstle v. Greenpeace e.V. (C-34/10) concerns a patent held by Professor Oliver Brüstle, who is the director of the Institute of Reconstructive Neurobiology at the University of Bonn. His research includes treating neurological disease by transplanting neural stem...
US goes “first to file”, and more!

US goes “first to file”, and more!

by | Jan 1, 2013 | US & International

Prioritised Examination As long as the patent claims are not too complex, and for a fee, the process of examination (and potentially grant) of a US patent can be accelerated. Virtual Marking Products should still be marked ‘patent’ or ‘pat.’...
The First Glimmers after the Doom of the Brüstle Decision

The First Glimmers after the Doom of the Brüstle Decision

by | Oct 1, 2012 | Briefings, EPO, UK

Concern and apprehension have been rife for patentees and practitioners alike in light of the Brüstle decision, which set out the CJEU’s decision as to what is and what is not excluded from patentability by the morality provisions of the Biotech Directive. Even...
From Sheep to Sleep: Supplementary Patent Protection is Extended

From Sheep to Sleep: Supplementary Patent Protection is Extended

by | Oct 1, 2012 | UK

An important consideration in the development of a pharmaceutical or other biologically active product is gaining approval from regulators to market the product. The timescales involved in gaining approval can be daunting, particularly when they are compared with the...