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The European Patent Office (EPO) has established a fairly consistent and settled approach to the patentability of crystalline polymorphs of small molecule pharmaceuticals: it is generally required...

New Rules Of Procedure Of The Boards Of Appeal For 2020

The Technical Board of Appeal of the European Patent Office (EPO) issued its written decision in case T844/18 on 6 November 2020. The central issue was whether the patentees were legally...

The Supreme Court in the UK handed down its decision in Warner-Lambert v Actavis on 14th November 2018. The Supreme Court considered the following issues in its judgment:

This introductory briefing sets out what a biological deposit is, why a biological deposit may be needed, and basic requirements for making a biological deposit and relying on it...

Plant Variety Rights (PVRs) are available to breeders of new plant varieties that meet certain conditions. In most countries, plant varieties are not patent-eligible...

2019 has been another busy year for the EPO Boards of Appeal covering computer-implemented inventions, although the most significant case has not reached a conclusion.

The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions. However, the high volume of applications in this area means that examiners...

The UK courts have been reasonably active in the SPC field recently, with two cases in particular catching our attention. In the first case, the High Court of England and Wales heard an appeal from...

Six months on from the CJEU's landmark decision in BSH Hausgeräte vs Electrolux, the UPC has already issued two injunctions covering states which are not party to the UPCA.

It does not seem possible to write any review of 2020 without mentioning Covid-19. However in this case we shall limit it to noting that the cancellation of most in-person oral proceedings...

The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions. However, the high volume of applications in this area means that examiners...

2018 has been a year of increased productivity for at least those Boards of Appeal that cover software inventions (Boards 3.5.01 and 3.5.03 to 3.5.06).

The European Patent Convention (EPC), as applied by the European Patent Office (EPO), is one of the main sources of law of the Unified Patent Court Agreement. The procedure of the Unified Patent Court..

A landmark 2025 CJEU judgment has transformed European patent litigation by enabling courts to exercise long-arm jurisdiction over patents granted outside their territories.

Many patent offices worldwide operate a re-establishment procedure, under which a patentee or applicant may be able to recover lost rights after missing a final deadline in relation to a patent or application.

This review is again relatively short because the case law in this field is becoming increasingly settled, and many decisions repeat points that have been made before.