A long night, but the sun is coming up over Europe

A long night, but the sun is coming up over Europe

As mentioned in our articles of June 2022 regarding unitary patents and the Unified Patent Court, the European Union has in recent years laid the groundwork for a single patent having effect across many of the EU Member States, as well as a new court for enforcing...
Excluded subject matter: a matter of opinion?

Excluded subject matter: a matter of opinion?

Introduction Under Section 74A of the Patents Act 1977 and Rule 93(6) of the Patents Rules 2007, any person may ask the UKIPO to issue an Opinion as to (i) whether a particular act infringes (or, if done, would infringe) a particular UK patent, and (ii) whether a...
Plausibility of Melatonin Treating Non-Restorative Sleep

Plausibility of Melatonin Treating Non-Restorative Sleep

In the case of Neurim and Flynn v Mylan [2022] EWCA Civ 699 The Court of Appeal has issued a decision finding that the plausibility of a therapeutic effect can be demonstrated using subjective data obtained by questioning the users of a pharmaceutical product....
EPO Oppositions can be Limited to Certain Claims

EPO Oppositions can be Limited to Certain Claims

In an opposition against a patent granted in the name of Canon Kabushiki Kaisha, André Nickel as opponent indicated that the opposition was filed against claims 8 and 9, and not the patent “as a whole”. Argumentation in support of the opposition was provided, this...