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  • Article

    Shanks v Unilever - Supreme Court Concludes An "Outstanding" Legal Saga On Employee Inventions

    On 23 October 2019, Kitchin LJ handed down a judgment, available here, which brought to an end a 13-year long dispute between Professor Ian Shanks OBE FRS FREng and Unilever.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    EU SPC Reform – A Marathon Not A Sprint

    A few months after the European Commission released its long-awaited proposals for reform of Supplementary Protection Certificates (SPCs)...
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Current Patenting Issues In Europe Facing Life Sciences/Biotech Innovators And Effective Claim Drafting Strategies To Avoid Pitfalls

    This paper was originally submitted to the American Intellectual Property Law Association (AIPLA) ahead of its 2021 Annual Meeting and was the subject of a presentation at a plenary session there on 28 October 2021.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Orphan Drugs In The EU/EEA And UK

    An orphan drug, or orphan medicinal product, is a medicine that is developed to treat a rare disease, defined as a disease affecting a relatively small number of people as a proportion of the population.
    European UnionFood, Drugs, Healthcare, Life Sciences
    J A Kemp
    J A Kemp
  • Article

    Review Of EPO Antibody Decisions January 2018 - January 2021

    In our previous discussions of antibody practice at the EPO, we observed that there was a (perhaps surprising) lack of case law to support the evolving practice of the examining divisions
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Review Of EPO Parameter Decisions In 2020

    Before the EPO parameters are defined as features which are based on directly measurable properties or combinations of several variables in the form of formulae.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Preparing For A Pandemic: What Awaits After COVID-19?

    Earlier this year, the World Health Organisation (WHO) declared COVID-19 to no longer constitute a public health emergency of international concern.
    United KingdomCoronavirus (COVID-19)
    J A Kemp
    J A Kemp
  • Article

    Patent Strategy And Portfolio Building

    Which new ideas are worthy of a patent application? How should the applications be drafted and prosecuted? When should they be filed? Where in the world should they be filed?
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Patent Strategy And Portfolio Building

    Which new ideas are worthy of a patent application? How should the applications be drafted and prosecuted?
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Review Of EPO Antibody Decisions In 2025

    Welcome to the latest edition of J A Kemp's annual review of EPO Board of Appeal decisions concerning antibody inventions. In this update, we examine decisions issued between 31 January 2025 and 31 December 2025.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Patenting Polymorphs At The European Patent Office

    Obtaining patents for polymorphs can be challenging. However, before the European Patent Office, there is no general rule which makes polymorphs less patentable in principle than other subject matter.
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Review Of EPO Parameter Decisions In 2021

    Parameters are characteristic values of a product or process which are generally based on directly measurable properties.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    G2/21 And Post-filed Data: Three Years Of Board Of Appeal Case Law

    Three years after the Enlarged Board's G2/21 decision on post-filed data in inventive step assessments, European patent practitioners face continued uncertainty as Boards of Appeal interpret the ruling inconsistently.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    The Unitary Patent

    A Unitary Patent may be obtained from any European Patent Office (EPO) application that has a filing date of 1 March 2007 or later. Following grant of a European Patent based on such an application...
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Late-Filed PCT Application

    This briefing explores the options available to applicants in the event that the deadline for filing a PCT has been missed.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Re-Establishment Of Rights At The European Patent Office Under Article 122 EPC

    Re-establishment of rights under Article 122 EPC may be used to recover rights lost as a result of missing a deadline set by the European Patent Office.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    The Enlarged Board Of The EPO Establishes A Definitive Approach To Patentability Of Simulations

    The Enlarged Board of Appeal of the EPO has, in case G 01/19 (Pedestrian simulation), issued a decision regarding the patentability of simulations under the EPC.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Review Of EPO Antibody Decisions In 2024

    Welcome to the latest edition of the J A Kemp annual review of EPO Board of Appeal decisions relating to antibody inventions.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    European Patent Office Opposition Procedure

    European Patent Office (EPO) opposition procedure comprises two parts: opposition division (first instance), and, if relevant, appeal.
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Late Entry Into European Regional Phase

    The deadline for requesting entry of a PCT application into the European regional phase is 31 months from the filing date or, if priority has been claimed, from the priority date (Rule 159(1) EPC).
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
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