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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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  08.03.2023

  Europe

  Out with the old, in with the new? Pro­ce­du­ral fea­tures of the Uni­fied Pa­tent Court

  In our previous article, we looked at the current European system of patent prosecution and enforcement and highlighted some of the key changes that will be coming with the new Unitary Patent and Unified Patent Court (UPC) once the system is operational from 1 June 2023.In this part two, we seek to touch on some of the interesting procedural features of the UPC. These features and their respective benefits (or limitations) may influence a patentee’s decision to opt in or out of the regime. Understanding the procedural nuances of the UPC will be critical not only for patentees but also defendants...

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  22.02.2023

  Europe

  Out with the old, in with the new? Com­pa­ring the exis­ting Eu­ro­pean Pa­tent sys­tem with the new Uni­tary Pa­tent and Uni­fied Pa­tent Court

  In this first of three articles, we compare the current European system of patent prosecution and enforcement with the new Unitary Patent and Unified Patent Court which will come into effect on 1 June 2023.  Part two will highlight the procedural features of the UPC, and part three will discuss strategic considerations for opting out of the UPC system.  Please contact a member of the CMS team if you are interested in discussing any of these topics in greater detail.Under the current European Patent regime, a patent application granted by the EPO gives rise to a bundle of up to 39 national...

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  22.02.2023

  Europe

  Uni­fied Pa­tent Court (UPC): RE­VIEW, REACT, RE­CORD

  The unified patent court (UPC) is coming and will allow the enforcement of patents across several European jurisdictions in a single court proceeding. This sophisticated new system requires some updates to the strategies of all companies with innovative activities operating in Europe. Indeed, the reform will deeply impact all areas of patent law.Introduction It was announced on Friday 17 February 2023 that Germany has deposited its ratification of the UPC Agreement. This has started the formal countdown to the start of the sunrise period on 1 March 2023 and to the opening of the unified patent...

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  21.02.2023

  Europe

  Sun­rise pe­riod of the Uni­fied Pa­tent Court to be­gin 1 March

  After the final version of the UPC Rules of Procedure had been adopted and the judges of the UPC had been selected and appointed, the start of the Sunrise Period, originally planned for 1 January 2023, was postponed to 1 March 2023.Reasons for the postponement of the start of the Sunrise PeriodAccording to an "Implementation Roadmap" published on 6 October 2022, the Sunrise Period was originally to start on 1 January 2023 and the UPCA was to enter into force on 1 April 2023. However, this timeline was changed again by a communication of 5 December 2022. According to the new timeline, the Sunrise...

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