G02/21 Plausibility

A new EPO referral to the enlarged BoA will determine whether post-filed data can be used to support inventive step and plausibility.

Patent Box: tax relief for patent owners and patent licensees

As provided in the recent UK budget announcement, the UK corporation tax rate is set to rise from 19 to 25 percent from 1 April 2023. As a result, companies should now be thinking about whether they can make use of the tax relief provided by the Patent Box scheme.

Tech transfer teams’ IP challenges post-COVID-19 and beyond: part three how much data is enough in biotech and pharma patents applications?

‘Tech transfer teams’ IP challenges post-COVID-19 and beyond’ is a series of interactive virtual discussions, focused on unpacking the issues relevant to those managing intellectual property for tech transfer departments. In part three Barbara Fleck and David Walsh examine the requirements for sufficiency and plausibility at the EPO and provide practical advice on drafting robust applications.   […]

Akebia and Fibrogen – Lord Justice Arnold applies “Doctrine of Equivalents”

In this judgment at the High Court, Lord Justice Arnold stepped down from the Court of Appeal to the High Court to hear the case. His findings on infringement may be an indication of Arnold’s desire to set some practical limits on the first and third Actavis equivalence questions. In particular, he applies a rigorous […]

Warner-Lambert feels the pain in the Supreme Court

In a recent decision (Warner-Lambert Company LLC v Generics Ltd t/a Mylan and Actavis Group), the Supreme Court has rejected an appeal by Warner-Lambert against a High Court and subsequent Court of Appeal decision regarding the invalidity and infringement of their patent. The patent at issue (EP 0934061) relates to the use of pregabalin for […]