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  •  
    16/05/2024
    Europe

    A broader interpretation of "substance or composition" - good news for patentees at the EPO?

    A recent decision from the EPO Boards of Appeal (T 1252/20) potentially paves the way for more diverse products to be patentable in Europe using the medical use claim format.The background:Article 53(c) of the European Patent Convention (EPC) excludes methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body from patentability. However, this does not apply to products, in particular substances or compositions, for use in any of these methods.Furthermore, Articles 54(4) and (5) EPC provide that a claim to a known substance...
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  •  
    15/04/2024
    APAC region

    Top IP developments and predictions across Asia-Pacific

    We look back at the top developments over the last 12 months in Intellectual Property (IP) and we look to the future by offering our top predictions for the coming year for businesses operating across Asia Pacific (APAC) with an emphasis on mainland China, Hong Kong and Singapore.Over the last year, we have seen the continuous and rapid development of IP systems in APAC jurisdictions, including the reciprocal enforcement of IP judgments between Hong Kong and mainland China and innovative Chinese court decisions on FRAND rates and the copyright of AI-generated images.  Over the coming year,...
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  •  
    12/04/2024
    Europe

    Navigating clinical trial disclosures: No reasonable expectation of success in a patient sub-population in view of prior art reporting phase III clinical trial (T 1437/21)

    Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. At a time when the European Medicines Agency (EMA) is requiring increased transparency for EU clinical trials, this case law is of increasing importance to those operating in the pharmaceutical space.In brief, this decision further supports the position that the disclosure of a clinical trial protocol does not always mean there is a reasonable expectation of success of achieving treatment. The...
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  •  
    03/04/2024
    Europe

    EP Case Law in Brief: Long-felt want and inventive step

    “Where the invention solves a technical problem which workers in the art have been attempting to solve for a long time, or otherwise fulfils a long-felt need, this may be regarded as an indication of inventive step.”The EPO Guidelines (G-VII, 10.3) describe the basic approach to the concept of long-felt want or long-felt need – terms that are used interchangeably. Long-felt want is an example of a secondary indicator of inventive step. Secondary indicators are factors which, although on their own may not be enough to indicate an inventive step, may be supportive of inventive step...
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  •  
    25/03/2024
    Europe

    Patentability of inventions relating to diagnostic methods at the EPO

    Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent infringement by medical and veterinary practitioners when carrying out a medical diagnosis. How Article 53(c) EPC should be applied was discussed in detail in the Enlarged Board of Appeal decision G 1/04.In this decision, the Board held that the exclusion of diagnostic methods from patentability should be interpreted narrowly and sets out specific criteria for the assessment of this exclusion.The...
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  •  
    12/03/2024
    APAC region

    APAC IP Update – Winter 2023/24

    ChinaChina’s State Council releases Amended Implementing Regulations of the Patent LawOn 21 December 2023, China’s State Council released the Amended Implementing Regulations of the Patent Law.  The Implementing Regulations explained how several provisions of China’s amended Patent Law of 2021 are being implemented after going into effect on 20 January 2024.The main changes include:minimum inventor remuneration for service inventions is raised to RMB 4,000 for invention patent and RMB 1,500 for design and utility model;patent term adjustment must be requested within three...
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