Under Article 112a EPC a party to appeal proceedings may file a petition for review of the decision by the Enlarged Board of Appeal. One instance is where a fundamental procedural defect occurred during the appeal proceedings and the petitioning party was adversely...
In a recent article on this website we examined the case of Actavis vs Lilly and the “plausibility” test for sufficiency of disclosure used in that case. We noted that that this was a departure from the test for sufficiency that has been used previously and that this...
The new European Union Trade Mark Directive and Regulations, which were published in December 2015, come into force on 23 March 2016. This will result in a number of significant changes to trade mark practice in Europe. The new Regulations introduce changes to the...
Executive Summary / Practice Points Stem cell technologies promise to be the next transformative medical technology offering therapies for conditions and diseases that are currently beyond medical science by creating replacement or supplementary tissues for a patient....
In a second medical use patent to the “Use of tomoxetine for the manufacture of a medicament for treating attention-deficit/hyperactivity disorder”, EP(UK) 0721777, no data was provided to support the claimed invention. Actavis sought to revoke the patent on the...
Consideration is generally held to be something of value exchanged between parties in order for a contract to be valid and enforceable. Agreements without consideration are deemed to be mere gratuitous promises and are not enforceable by law. As a standard term, most...
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