In February 2022 we reported on the Written Decision issued in T 116/18, which confirmed the scope of the referral to the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) regarding the use of post-published evidence for establishing a technical...
This case concerned an appeal from a decision of the Opposition Division to maintain an opposed patent in amended form (European Patent No. EP2876903). During the Opposition Proceedings the Opponent filed prior-art document D17 in response to the Patentee’s reply to...
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...
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...
Background The Noco Company (“Noco”) is a US company that owns UK patent no. GB2257858 which relates to devices for jump-starting cars. Shenzhen Carku Technology Co., Ltd (“Carku”) sold battery-powered jump-starters on Amazon, which Noco considered infringed their...
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....
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