Background Due to methods of treatment of the human or animal body being excluded from patentability in Europe, applicants are required to claim substances or compositions for use in a method of treatment instead. Thus, there is a need for the term “substances or...
The matter started when Amgen sued various Sanofi companies and Regeneron for patent infringement of their EP3666797 patent. The patent claims an antibody that binds to the catalytic domain of a PCSK9 protein and its use in treating or preventing...
Background In 1999, Adidas obtained a registered trade mark for trousers having three stripes vertically arranged between the waistband and the hem. The trade mark was registered in black‑and‑white and thus did not specify any colours. Then, in 2022, Nike offered five...
This ruling upheld the decision that trade mark registrations cannot be the name of a living person without their permission, and that this revocation is not unconstitutional. However, the Justices could not unanimously agree on why this ruling has been upheld. In...
Vegan Cheese Product Claim T 0629/22 concerned European patent no. 3422865 (subject-matter: vegan cheese and preparation thereof). The product claim was distinguished from the prior art according to the type and amount of starch used in the vegan cheese. However, the...
These provisions for “second medical use” also rely on the claims for use in a method of treatment being interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, the interpretation...
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