Legal Commentary

European Commission passes SPC waiver

In May 2018, the European Commission published a proposal to introduce an SPC manufacturing waiver for export purposes. This has now been passed. It w ...

24 April 2019 by Amy Sandys

Legal Commentary

Plant patents

EPO president stays plant patent proceedings

On Tuesday, the EPO issued a noticed staying all further proceedings concerning the patentability of plants and animals. This follows a referral to th ...

11 April 2019 by Amy Sandys

Legal Commentary

Pharmacy exemption

Netherlands passes pharmacy exemption for patented medicine

On 1 February, a provision of the Dutch Patent Act 1995 came into force. It allows pharmacists to prepare patented medicines, on a small scale, for pa ...

2 April 2019 by Amy Sandys

Legal Commentary

Plant patents

Patenting plants: EPO examiners explore solution

Lack of consensus on if patents can be granted on plants and animals is causing a stalemate between the European Patent Organisation member states, an ...

29 March 2019 by Christina Schulze

Legal Commentary

French patent system

The end of quick and dirty? French patent system under scrutiny

The French patent system is being reformed. Following the German model, patents will be examined for inventive step and an opposition procedure will b ...

15 March 2019 by Christina Schulze

Legal Commentary

EPO Boards of Appeal

Battistelli's difficult legacy

Haar is an independent municipality on the outskirts of Munich, and current home to the Boards of Appeal of the European Patent Office. But since last ...

7 March 2019 by Mathieu Klos

Legal Commentary

Opinion

Signs of life: UPC constitutional complaint

The Federal Constitutional Court has published its list of decisions for 2019. Once again, it contains the constitutional complaint against the UPC la ...

26 February 2019 by Mathieu Klos

Legal Commentary

Trade secret protection

Psst, top secret!

The new Trade Secrets Directive already applies almost everywhere in the EU. But it is Germany of all countries which is struggling to incorporate the ...

21 February 2019 by Mathieu Klos

Legal Commentary

Partnerships

EPO and LESI partnership will enhance patent knowledge

A memorandum of understanding has been signed between the European Patent Office (EPO) and the Licensing Executives Society International (LESI) at th ...

14 February 2019 by Amy Sandys

Legal Commentary

Supplementary protection certificates

SPC waiver subject to debate

It was planned for the SPC manufacturing waiver to be introduced in the EU before 2019. However, the final report by the Committee for Legal Affairs ( ...

11 February 2019 by Amy Sandys

Legal Commentary

Brexit

The end is nigh: 50 days until Brexit

It is 50 days until Brexit and the European patent community is on tenterhooks. No-one has an idea of what will emerge from ongoing talks between the ...

8 February 2019 by Amy Sandys

Legal Commentary

Artificial Intelligence

Rise of the robots: surge in AI patents

A flagship study published by the World Intellectual Property Organisation (WIPO) shows a surge in the filing of artificial-intelligence related paten ...

7 February 2019 by Amy Sandys

Legal Commentary

Standard essential patents

Pool party: the future of SEPs in Europe

Litigation over SEPs is keeping European patent courts busy. And this is only set to increase with the 5G mobile standard and the Internet of Things. ...

31 January 2019 by Konstanze Richter

Legal Commentary

Opinion

Blunting the battle axe

In German patent law, automatic injuctions are losing support. But there are few signs that the German government is willing to reform. With the UPC, ...

25 January 2019 by Mathieu Klos

Legal Commentary

EPO management

Clearing the cobwebs: new management at the EPO

After the Battistelli era there is a new broom at the European Patent Office. The former president left a legacy of deep distrust of the leadership on ...

21 January 2019 by Konstanze Richter

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