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...
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...
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...
Annual Report 2024 of the Boards of Appeal of the European Patent Office
The Annual Report 2024 of the Boards of Appeal of the European Patent Office has been published today. It is available in English, German, and French on the Boards' website. Delivering decisions of the highest quality continued to be a central priority in 2024. As in...
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...
UK IPO campaign highlights dangers of counterfeit vehicle parts
The campaign focuses on the serious risks these goods pose, warning that ‘Fake Always Breaks’ The UK Intellectual Property Office (UKIPO) has launched a new national awareness campaign warning of the dangers of buying counterfeit vehicle parts The ‘Fake Always...
Welcome to Hangzhou! The AIPPI World Congress 2024
AIPPI World Congress 2024 opened its doors in Hangzhou, China, on Saturday, 19 October. All attending were warmly welcomed, and there was general excitement for the next few days of educational sessions, member meetings, and networking. Guoqing ZHANG, Vice Premier of...
Crystalizing plant variety infringement protection in India
On September 20, 2024, the Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and...
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