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Articles
The Sanctity of the Embryoby George W Schlich London Agreement on TranslationsNew Translation Regime Reduces Costs for European Patents by Andrew R N Clements Edinburgh Patent Appeal WithdrawnThe so-called "Edinburgh Patent" has been maintained in amended form by George W Schlich Medical Dosage Regimes Not Patentable in the UK (but OK at the EPO)by Helen L Henderson
New US Patent Office Rules for Claims, Continuations and Divisionals - SUSPENDED!How the rules would have changed US practice by George W Schlich Stem Cell Patents - Current Issues in Europeby Andrew R N Clements, George W Schlich
Determination of Obviousness in the USHow the US Patent Office will now judge if an invention is obvious A recent decision from the US courts suggests that the US Patent Office will now use a little more common sense in its assessment of when an invention is obvious, or not as the case may be. Obtaining grant of claims will in some cases be more difficult; in others, for example where there is a teaching away from the claimed invention or if there are unexpected benefits of the claimed invention, obtaining granted claims should be easier. by Andrew Clements Gene Patents"ICOS" and "Agrevo" are well-known decisions from the European Patent Office relating to patentability, inter alia, of gene sequences, especially in cases where at the time of filing there is incomplete information about the function of the sequence or of polypeptides encoded thereby. In 2002, it was felt that the hurdle of patentability was being raised in just this isolated area of technology. Speculative patent applications, in as much as at the time of filing the invention had not been used or tested, seem to be allowed in other technologies. This article discussed the issue and asked why the barrier to patent grant should be any different for gene patents. I believe Galileo would have granted these patents, though to date the EPO won't.
Inside Careers - Patent AttorneysI contribute to this guide by writing the article on Intellectual Property Law Courses. The link provides the 2007 article.
Edinburgh PatentMuch has been written about this decision, which in 2002 held that it is contrary to morality to grant a European patent in respect of human embryonic stem (ES) cells or processes carried out on human ES cells. I represented the University in defending the patent and establishing precedent in the human stem cell area - the patent emerged as upheld in amended form. The decision is currently under appeal. While it's hard now to get a flavour of the intensity of the 2002 hearing, it's not often that an EPO opposition generates an official EPO press release
PatentWorld and EducationArticle published in PatentWorld I believe that it is vital that patent attorneys are properly trained in order to provide the best possible service to clients. Ever since I joined the profession I have been active in education. Not only do I give tutorials for patent attorney trainees but for the past 6 years I have been Chairman of the Education Committee of CIPA (the UK's Chartered Institute of Patent Attorneys). An article published in PatentWorld magazine in February 2004 summarises the value I place on education.
Sherr ReportInstitute of Advanced Legal Studies Report from Professor Avrom Sherr A major project of the Education Committee during my Chairmanship has been the commissioning of a report from Professor Avrom Sherr, of the Institute of Advanced Legal Studies, into the education, training and examination of patent and trade mark attorneys in the UK. The process of effecting its conclusions continues, my current role being as a member of the Short Term Group, a group set up to make changes to examinations, education and training in the short term based upon Professor Sherr's recommendations.
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