Industry news and case law
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EPO Decision on the Patentability of Diagnostic Methods | 22nd December, 2006
On 16th December 2005, the Enlarged Board of Appeal of the European Patent Office (EPO) issued the long-awaited decision (G01/04) relating to methods of diagnosis. more...
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Disclosure of Source of Genetic Material | 28th September, 2006
Clients should be aware of a new requirement in some countries to provide a statement of the geographical origin or specific source of genetic material used in biotech inventions which are the subject of patent applications. more...
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EPO issues favourable software patent decision to Microsoft. | 9th June, 2006
The EPO has upheld its position on the requirement for a technical solution to a technical problem in a favourable software patent case in the name of Microsoft Corporation (T425/03). more...
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Withers & Rogers helps steer new IP Forum for the West Midlands | 4th June, 2006
We are delighted to report that not only has a proposal for an IP Forum been accepted by Advantage West Midlands (AWM) but the contract is now in place for delivery of the initiative to increase awareness of the benefits of IP for West Midlands' bus...more...
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Supplementary Protection Certificates unavailable for new formulations of known drugs | 25th May, 2006
On 4th May 2006, the European Court of Justice (ECJ) issued a judgement on case C-431/04 which essentially rules out Supplementary Protection Certificates (SPCs) for new formulations of active ingredients. In this decision, it was decided that a novel f...more...
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Negligent to ignore software patents? | 12th December, 2005
Intellectual Property Rights, including patents and trademarks, promote innovation and creativity. They also form a valuable business asset when running a business successfully. A patent for a new business idea or new software could become a ticket to e...more...
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Dosage Regimen Claims Deemed Patentable by EPO Board of Appeal | 12th December, 2005
In August 2005, a Technical Board of Appeal of the European Patent Office (EPO) issued a decision allowing a dosage regimen claim to be patentable. The decision related to a patent application for a novel dosage regimen of insulin-like growth factor-I (...more...
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House of Lords clarifies novelty test: Synthon BV v Smithkline Beecham plc | 10th December, 2005
Patent owners have won new powers to enforce their rights in the UK after a House of Lords ruling clarified when an invention can be considered new and patentable. more...
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G3/04 - Interveners during appeal cannot continue after withdrawal of appeal | 5th December, 2005
According to the recent EPO Enlarged Board of Appeal Decision G3/04, after withdrawal of the sole appeal, the proceedings cannot be continued with a third party that intervened during the appeal proceedings. more...
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Biological sequence databases are part of the 'common general knowledge' | 28th November, 2005
A recently-published decision from one of the European Patent Office's Boards of Appeal will be of interest to clients in the biotech area. more...
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Patent Term Incentives to Improve Paediatric Medicines | 27th October, 2005
During September 2005, the European Parliament (EP) had first reading of a proposed regulation to ensure that medicinal products for use on children are fully studied and formally approved for use in such age groups (see page 2 of our August 2005 IP Rev...more...
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'Bolar' Exemption to Patent Infringement Enacted in the UK | 24th October, 2005
With time to spare, the European Directive (2004/27/EC) containing a ‘Bolar' exemption to patent infringement for generic pharmaceutical manufacturers (see Withers & Rogers IP Review, August 2005) has been enacted in the UK. ...more...
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Inventorship | 9th May, 2005
Correctly identifying inventors in connection with patent applications is important as, in principle, the right to a patent belongs to the inventor or his or her successor in title. Determining inventorship can be a tricky issue and the purpose of t...more...
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Biological Sequence Data | 6th May, 2005
New requirements for PCT applications that include biological sequence data On 1 April 2005, the European Patent Office introduced new provisions for PCT ('international') applications that include biological sequence data. ...more...
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The Mismatch of the Law and Science | 25th February, 2005
The interaction of the law and science has become increasingly important with the greater use of technology in our everyday lives - reflected by the greater importance of patents in business today. more...
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Bosnia & Herzegovina | 17th December, 2004
From 1 December 2004 it will be possible to extend European patent applications and patents to Bosnia and Herzegovina. more...
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UK PO vents frustration at poor business method specifications | 25th November, 2004
The following Notice of 23 November 2004 from the UK Patent Office highlights the frustration examiners feel in having to deal with patent applications directed to pure business methods. more...
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House of Lords issues important decision in major Biotech case | 18th November, 2004
An important decision in the biotechnology field has just been issued by the House of Lords. The Kirin-Amgen case relates to a European (GB) patent, due to expire in December 2004, relating to production of erythropoietin (EPO). The EPO product has been...more...
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