Consequently, it has long been desired to have a European patent with unitary effect, that is, a patent application that is searched and examined by the EPO but which upon grant is automatically in force in all EU member states. Progress towards such a unitary patent...
The new unitary patents will be granted using the existing European patent application procedure, with the proprietor being able to choose whether to have a unitary patent or a number of national patents on grant. The Unitary Patent System is not currently in force as...
As background, Prof. Dr. Brüstle has parallel European and German patents relating to neural precursor cells, derivable from cells obtained from human embryos (as well as other sources). The patents are notable in that they were initially objected to in both...
The case concerns questions referred to the EBA following refusal of European patent application No. 96903521.1 (Publication No. EP0770125, the “WARF application”) in the name of Wisconsin Alumni Research Foundation, relating to “Primate ES cells”. Oral Proceedings...
The WARF decision is out: the Enlarged Board of Appeal (EBA) has held that the WARF invention required, at the time of filing, destruction of an embryo. Whatever the claims covered, this inevitable embryo destruction meant the application had to be refused. The...
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