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  • Article

    SPC Manufacturing Waiver

    The EU's manufacturing waiver for supplementary protection certificates (SPCs) permits third parties to manufacture medicinal products for export outside the EU, but divergent court interpretations have led to a 2026 CJEU referral. As national courts grapple with notification requirements and stockpiling provisions, the European Commission has announced a public consultation to evaluate whether the waiver has achieved its intended objectives.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Advocate General Of The CJEU Indicates That An ‘excipient’ Cannot Be Regarded As An Active Ingredient For An SPC

    Halozyme sought SPC protection across various member states of the European Union (EU), together with the UK, for the combination of trastuzumab and rHuPH20 (recombinant human hyaluronidase PH20).
    GlobalIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Double Patenting In The EPO

    The issue of "double patenting" arises in the EPO when one applicant files two European patent applications with closely related claims and the same effective filing date.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Exhausted By Brexit? Impact On Import And Export Of IP-protected Goods In UK

    When IP-protected goods are placed on a particular market by, or with the consent of, the IP right holder, there is a generally accepted legal concept worldwide that the corresponding IP rights...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Patent Filing: What To Expect During Patent Prosecution

    After your patent application has been filed at one (or more) of the many Patent Offices around the world, it will be processed by that Patent Office.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Requesting Patent Prosecution Highway (PPH) In The EPO Or UK IPO

    The aim of the Patent Prosecution Highway (PPH) is to provide a way for applicants to use positive examination results from one patent office to streamline prosecution in a second patent office.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    The UPC's Approach To Validity – What Can We Learn From The Reasoned Decision In The 10X Genomics v NanoString Technologies First PI Application?

    The UPC Munich local division's decision (ACT_459746/2023 –available here) on 10x Genomics' first application for a PI against NanoString Technologies provides a valuable insight into the approach...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Batteries For Electric Vehicles: From Lithium-ion To Solid-state

    Electric vehicles (EVs) are at the forefront of the automotive industry's transition towards sustainability. This article examines the lithium-ion technology now dominating the market...
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Essential Reading For Plant IP Enthusiasts: Nador Cott Protection SAS V Asda Stores Limited – [2026] EWHC 553 (Pat)

    On 12 March 2026, the High Court of England and Wales delivered a landmark judgment regarding the scope of Plant Variety Rights in Nador Cott Protection SAS v Asda Stores Limited.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    The UPC’s Growing Role In COVID Patent Disputes

    Recent UPC decisions in Promosome v BioNTech and Gilead v AMMS clarify critical aspects of patent validity practice, including enablement requirements for novelty, the framework for assessing inventive step...
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    What Are Genetic Technologies And How Are They Used In Crop Science?

    Genetic technologies are methods that customise the genetic code of an organism. In crop science, genetic technologies allow researchers to introduce beneficial traits, for example to confer resistance to pests...
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Requesting Patent Prosecution Highway (PPH) In The UK Or European Patent Office

    An evolving network of different PPH agreements exists between various patent offices, including most major patent offices.
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Introduction To Patents

    A patent is a legal monopoly granted by a government in return for public disclosure of an invention. A granted patent gives the proprietor the right to prevent others...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Requesting Patent Prosecution Highway (PPH) In The EPO Or UK IPO

    The aim of the Patent Prosecution Highway (PPH) is to provide a way for applicants to use positive examination results from one patent office to streamline prosecution in a second patent office.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Requesting Patent Prosecution Highway (PPH) In The EPO Or UK IPO

    The aim of the Patent Prosecution Highway (PPH) is to provide a way for applicants to use positive examination results from one patent office to streamline prosecution in a second patent office.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    What Happens If I Miss The Deadline For Requesting A Unitary Patent? - 13 March 2023

    The Unitary Patent (UP) system will open on 1 June 2023. From this date, applicants for European Patents will be able to decide whether the European Patent should become a Unitary Patent...
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Introduction To Supplementary Protection Certificates For Medicinal Products

    This document is intended to provide a brief introduction to Supplementary Protection Certificates (SPCs) for medicinal products. For more detailed information, please see our full briefing on this topic.
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Paediatric Extensions To Supplementary Protection Certificates In The EU / EEA And UK

    Supplementary Protection Certificate (SPCs) for medicinal products are intellectual property rights intended to compensate patent holders for the loss in effective patent term that results ...
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Possible Settlement Of CJEU Referral For SPCs From Finland

    As reported previously, courts in both Ireland (in February 2022, concerning Inegy®) and Finland (in November 2021, concerning Janumet®) have recently identified an apparent discrepancy in CJEU case law with...
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Double Patenting In The EPO

    The issue of "double patenting" arises in the EPO when one applicant files two European patent applications with closely related claims and the same effective filing date.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp

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