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What Satisfies the Palate of the EPO’s Boards of Appeal? Fish Oil and Fruit Juice, Apparently…

What Satisfies the Palate of the EPO’s Boards of Appeal? Fish Oil and Fruit Juice, Apparently…

by Sean Hutchinson | Aug 30, 2024 | EPO

Background European patent no. EP 2 991 507 B1 was granted with claims directed to a mixture containing fish oil and fruit juice for use in the treatment of cancer. At opposition, the patent was found to lack novelty and the amendments proposed by the patent...
Boards of Appeal Introduce New Broad Interpretation of “Substance or Composition” in the Context of Second Medical Use Claims

Boards of Appeal Introduce New Broad Interpretation of “Substance or Composition” in the Context of Second Medical Use Claims

by Chloe Sullivan | Aug 29, 2024 | EPO, Uncategorised

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...
First Revocation Decision of the UPC Confirms the European Approach to Antibody Inventions

First Revocation Decision of the UPC Confirms the European Approach to Antibody Inventions

by Juliette Boynton | Aug 28, 2024 | UPC

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...
German Court Confirms That Two Means Two and Three Means Three – A Stripy Dispute Between Adidas and Nike

German Court Confirms That Two Means Two and Three Means Three – A Stripy Dispute Between Adidas and Nike

by Sean Hutchinson | Jul 30, 2024 | Trademarks

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...
What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks

What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks

by Juliette Boynton | Jul 12, 2024 | US & International

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...
Food for fork: stretchy cheese and contradictory post-filed evidence

Food for fork: stretchy cheese and contradictory post-filed evidence

by Sean Hughes | Jul 11, 2024 | EPO

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...
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