Delhi High Court denies AbbVie’s anti-cMet ADC patent
This article discusses an appeal filed by AbbVie Biotherapeutics Inc. and AbbVie Inc. (Appellants) at the Delhi High Court against the refusal of their patent application (Application No. 201817047767) for an anti-cMet antibody-drug conjugate by the Assistant...
UPC and EPO diverge on inventive step: lessons from Amgen’s PCSK9 patent battle
In a landmark test of the new Unified Patent Court (UPC), the European patent landscape faces a striking divergence between the UPC and the European Patent Office (EPO) on the issue of inventive step. The dispute centers on Amgen's European patent EP 3 666 797, which...
Should translation requirements apply equally in patent law?
A recent High Court judgment in India highlights a potential procedural fairness question in patent examination regarding English translation standards. While patent applicants face rigorous translation requirements under multiple Patent Rules, with severe...
Therapeutic efficacy is a must for a novel intermediate compound to overcome Section 3(d) objection
In an appeal case between Zeria Pharmaceutical Co. Ltd., v. The Controller of Patents (C.A.(COMM.IPD-PAT) 452/2022) before the Delhi High Court, wherein the appellant - a Japanese Corporation - filed an Indian Patent Application, numbered 3630/DLNP/2011 (the subject...
UPC validates second medical use patent in Sanofi v. Amgen antibody therapeutics ruling, finds non-infringement
The Düsseldorf Local Division of the Unified Patent Court (UPC) has handed down a key decision in UPC CFI 505/2024, affirming the validity of a second medical use patent owned by Regeneron and licensed to Sanofi. The case involved alleged infringement by Amgen’s PCSK9...
Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit
Nintendo and The Pokémon Company made waves in the video game industry when they jointly announced a patent infringement lawsuit against Pocketair, Inc. back in September 2024. Their press release cryptically alleged that Pokémon competitor and monster-catching game...
EUIPO unveils five-year strategy focused on providing high-quality IP services while fostering competitiveness, innovation, and economic growth in Europe
The plan, adopted at the EUIPO's Management Board and Budget Committee meetings, will come into effect on 1 January 2025 One of the priorities is to enhance the customer experience by delivering high-value IP products and services while further improving...
Best practices for drafting strong patent claims
In the life span of any business, the investment goes way beyond the financial aspects. It's the years of dedication, contemplating, experimenting, and actively refining your idea of a product or service cut through the market. From the moment an idea is born,...
UK Government decides not to reduce or limit R&D tax credits
The UK Government’s 2024 Budget, while squarely focused on tax increases and revenue measures, suggests a pragmatic recognition by the new Labour administration that sustainable tax receipts are ideally underpinned by economic growth and wealth creation. In a global...
How I would use AI to steal your design… and what you can do about it
To protect our designs, ideas, and innovations, we must think like an infringer. May AI allow bad actors to knock off your design… and get away with it? First, we need to understand AI-assisted design. Like all new tech, AI will follow Amara’s law. We overestimate the...
Calcutta High Court issues IP Division Rules
The Calcutta High Court recently adopted the much-awaited Intellectual Property Rights Division Rules, 2023 (Calcutta IPD Rules), making it the third High Court in India, after Delhi and Madras, to implement specialized regulations for IP matters. While the Calcutta...
AstraZeneca challenges Axelpharm’s cancer drug patent
AstraZeneca is a world-renowned pharmaceutical company. It owns many patents in Russia and takes steps to protect them against encroachers. Its medicines are exempt from sanctions because they are mainly used for the life-preserving treatment of cancer. Axelpharm, a...
USPTO issues final rule on Director Review of PTAB decisions
On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board (PTAB) Decisions. 89 Fed. Reg. 79,744 (October 1, 2024). The final rule codifies many aspects of the PTAB’s revised interim Director Review...
The dark side of fake goods: consumers put health, safety, and the economy at risk while fuelling organized crime
Organized crime groups take advantage of worldwide demand for low-priced goods, misleading consumers into purchasing fake goods Approximately 86 million fake items were seized in the EU in 2022, with an estimated value exceeding €2 billion Counterfeit goods represent...
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