Briefings Archives - Page 44 of 58

Significant Development with respect to Brexit Withdrawal Agreement – What Does This Mean for Owners of EU Trade Marks and Community Designs?

by Carolyn Haywood | Mar 1, 2018 | Briefings, Designs & Copyright, Trademarks

With respect to intellectual property, one of the important proposals in the draft Withdrawal Agreement was the creation of “parallel” UK rights, without the need for re-examination, for owners of EU trade marks or registered Community designs,...

Status of the Unitary Patent Court

by David Eyre | Feb 1, 2018 | UK, UPC

At the beginning of 2017 the Preparatory Committee of the Unified Patent Court thought that it would be likely that the systems of the UPC would begin provisional operation before summer 2017 in advance of the UPC agreement coming into force later that year. It...

A New Claim Interpretation, Featured First in a Written Decision, Can Violate The Right to be Heard

by Carolyn Haywood | Feb 1, 2018 | Briefings, EPO

During first instance proceedings, Swarovski-Optik KG’s European patent, EP1746451, was upheld with limited claims. However, during second instance (appeal) proceedings, the patent was revoked. Swarovski-Optik KG filed a petition for review by the Enlarged Board...

Broad Institute’s CRISPR/Cas9 Patent EP2771468 Revoked

by | Jan 1, 2018 | EPO

Schlich represented Opponent 1 and is pleased to report as follows. The proceedings focused on the issue of priority right under the Paris Convention, a treaty providing a harmonized system for international patent priority rights. After nearly two days of...

EPO Enlarged Board of Appeal Provides Further Guidance on Undisclosed Disclaimers

by Alex Bajjon | Jan 1, 2018 | EPO

G 1/03 and G 2/10 In G 1/03, it was decided that an amendment to a claim to introduce a disclaimer may not be refused under Art. 123(2) EPC provided that one or more of the following criteria are met: The disclaimer is introduced to restore novelty over prior art...

Pemetrexed in the Court of Milan: Fresenius v Eli Lilly

by Alex Bajjon | Nov 1, 2017 | US & International

The Case In 2016, Fresenius requested a declaration of non-infringement in Italy for its pemetrexed diacid product in respect of Lilly’s European patent EP1313508. Lilly’s patent was amended during prosecution to specify in claim 1 that pemetrexed disodium...