Patents

Recent Articles

•  

  15/04/2024

  APAC region

  Top IP developments and predictions across Asia-Pacific

  We look back at the top developments over the last 12 months in Intellectual Property (IP) and we look to the future by offering our top predictions for the coming year for businesses operating across Asia Pacific (APAC) with an emphasis on mainland China, Hong Kong and Singapore.Over the last year, we have seen the continuous and rapid development of IP systems in APAC jurisdictions, including the reciprocal enforcement of IP judgments between Hong Kong and mainland China and innovative Chinese court decisions on FRAND rates and the copyright of AI-generated images.  Over the coming year,...

  Read more
•  

  12/04/2024

  Europe

  Navigating clinical trial disclosures: No reasonable expectation of success in a patient sub-population in view of prior art reporting phase III clinical trial (T 1437/21)

  Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial. At a time when the European Medicines Agency (EMA) is requiring increased transparency for EU clinical trials, this case law is of increasing importance to those operating in the pharmaceutical space.In brief, this decision further supports the position that the disclosure of a clinical trial protocol does not always mean there is a reasonable expectation of success of achieving treatment. The...

  Read more
•  

  03/04/2024

  Europe

  EP Case Law in Brief: Long-felt want and inventive step

  “Where the invention solves a technical problem which workers in the art have been attempting to solve for a long time, or otherwise fulfils a long-felt need, this may be regarded as an indication of inventive step.”The EPO Guidelines (G-VII, 10.3) describe the basic approach to the concept of long-felt want or long-felt need – terms that are used interchangeably. Long-felt want is an example of a secondary indicator of inventive step. Secondary indicators are factors which, although on their own may not be enough to indicate an inventive step, may be supportive of inventive step...

  Read more
•  

  25/03/2024

  Europe

  Patentability of inventions relating to diagnostic methods at the EPO

  Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent infringement by medical and veterinary practitioners when carrying out a medical diagnosis. How Article 53(c) EPC should be applied was discussed in detail in the Enlarged Board of Appeal decision G 1/04.In this decision, the Board held that the exclusion of diagnostic methods from patentability should be interpreted narrowly and sets out specific criteria for the assessment of this exclusion.The...

  Read more
•  

  12/03/2024

  APAC region

  APAC IP Update – Winter 2023/24

  ChinaChina’s State Council releases Amended Implementing Regulations of the Patent LawOn 21 December 2023, China’s State Council released the Amended Implementing Regulations of the Patent Law.  The Implementing Regulations explained how several provisions of China’s amended Patent Law of 2021 are being implemented after going into effect on 20 January 2024.The main changes include:minimum inventor remuneration for service inventions is raised to RMB 4,000 for invention patent and RMB 1,500 for design and utility model;patent term adjustment must be requested within three...

  Read more
•  

  19/01/2024

  Europe

  EP Case Law in Brief: Commercial success and inventive step

  “Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided the examiner is satisfied that the success derives from the technical features of the invention and not from other influences (e.g. selling techniques or advertising).”The EPO Guidelines (G-VII, 10.3) describe the basic approach to the concept of commercial success, an example of a secondary indicator of inventive step. Secondary indicators are factors which, although on their own may not...

  Read more