On May 18, 2023, the US Supreme Court issued its opinion in Amgen v. Sanofi, which concerns patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must describe “the invention” and “the manner and process of...
On May 18, 2023, a unanimous US Supreme Court in Amgen Inc. v. Sanofi[1] affirmed a decision by the US Court of Appeals for the Federal Circuit that found Amgen’s patents invalid for lack of enablement. The Court held that the methods recited in Amgen’s patents did...
The Delhi High Court, in a recent order, while dealing with an appeal by OPENTV INC for refusal of its patent (by the Indian Patent Office), highlighted the need to revisit the blanket exclusions set out in section 3(k) in relation to “business methods.” The Court...
On 27 April 2023 the European Commission presented its proposal for a new regulatory framework for the licensing of standard essential patents (SEPs) in the EU. The draft regulation seeks to ‘(i) make available detailed information on SEPs and existing FRAND...
11 May 2023 marked the day the European Parliament’s Committees gave the green light to the proposed European Artificial Intelligence Act (“EU AI Act”). It is now scheduled for a final debate in Parliament on 13 June 2023. Some members of European Parliament are...
In the hallowed halls of intellectual property (IP) and the pharmaceutical industry, Gilead Sciences’ recent victory over the US government is a game changer, folks. This isn’t just about Gilead shaking off the government’s patent claims like a dog...
