This IP newsletter covers categories of updates relating to
Legal Updates, Industry Spotlight, Case Studies and Precedents,
Practical Insights for IP Professionals, Upcoming Events and
Webinars, and Spotlight on Innovation.
Intellectual Property (IP) Rights Updates
1. UPC and EPO diverge on inventive step: lessons from
Amgen's PCSK9 patent battle
The dispute between Amgen and Sanofi over European patent EP 3
666 797 has brought to light a significant divergence between the
Unified Patent Court and the European Patent Office on the issue of
inventive step. The UPC, in a decision delivered in July 2024,
revoked Amgen's patent on the grounds that the development of
PCSK9-inhibiting antibodies would have been an obvious step based
on prior knowledge. It held that a skilled person would logically
pursue the development of such antibodies using routine methods,
given the existing identification of PCSK9 as a valid therapeutic
target for lowering LDL cholesterol. This