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  24.03.2023

  International

  CMS Eu­ro­pean M&A Stu­dy 2023: Re­cord num­ber of deals last ye­ar de­s­pi­te chal­len­ging eco­no­mic back­drop

  The CMS Corporate/M&A Group is pleased to launch the 15th edition of the European M&A StudyIt has been a challenging year for M&A in view of rising inflation and interest rates, slowing growth and increased geopolitical tension, which have added up to a difficult macroeconomic environment. However, there have been plenty of deal opportunities, as demonstrated by the fact that our study covers a record 509 M&A transactions on which CMS advised in 2022. In a difficult M&A market, we are pleased with this result, which reflects the strength of our corporate offering throughout...

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  23.03.2023

  Europe

  Eu­ro­pean Pa­tent Of­fice (EPO) dig­ging its heals in over the need for de­scrip­ti­on amend­ments, but how to do this re­mains a chal­len­ge

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the boards of appeal published in 2022. There are a number of notable decisions in the summary including those concerning the controversial topic of bringing the description into line with amended claims.BackgroundIn October 2020, CMS published an article ‘New EPO Guidelines expected regarding amending a description: what’s all the fuss about?’,...

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  22.03.2023

  Europe

  Eu­ro­pean Pa­tent Of­fice (EPO) le­vel of dis­clo­sure re­qui­red for an­ti­bo­dies - first me­di­cal use

  As a complement to the 10th edition of the EPO "Case Law of the Boards of Appeal" (CLB), the EPO has published an Annual Review containing summaries of decisions from 2022. The review provides a thematic overview of selected decisions of the Boards of Appeal published in 2022. There are a number of notable decisions in the summary, although it has been a somewhat quiet year for significant decisions in the antibody area.  Most decisions in this technical area consolidate what is now fairly settled practice at the EPO for antibody cases, where inventive step continues to be a major challenge....

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  22.03.2023

  Europe

  Is a pa­ti­ent in a cli­ni­cal tri­al con­side­red to be a mem­ber of the pu­blic in the con­text of no­vel­ty pri­or art?

  In T 0670/20, the question was whether the internal structure of medicinal tablets had been made available to the public by patients taking part in clinical trials involving administration of the tablets. The Appeal Board found that the patients participating in the trial had entered into a special relationship with the investigators of the trials and were not free to dispose of the tablets. Accordingly, the patients were not members of the public for novelty purposes.However, the Board acknowledged that the patients were not under a duty of confidence with respect to their participation to the...

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  20.03.2023

  International

  UK An­noun­ces it will be­co­me a par­ty to the Sin­g­a­po­re Con­ven­ti­on on Me­dia­ti­on

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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  20.03.2023

  Europe

  Out with the old, in with the new? Con­side­ra­ti­ons for pa­ten­tees in op­ting out of the Uni­fied Pa­tent Court

  So far in this series of blog posts, we began with an article that highlighted some of the key changes between the current European system of patent prosecution and enforcement and the new Unitary Patent and Unified Patent Court (UPC), set to become operational from 1 June 2023.  In part two, we considered the interesting procedural features of the UPC and how they might influence a patentee’s decision to opt in or out of the regime.In this part three, we discuss some of the practical and strategic considerations that patentees should weigh up when deciding whether to opt out of the...

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