Background Supplementary Protection Certificates (SPCs) are available under EU law to effectively compensate patent owners for some of the lost patent protection that inevitability occurs due to the time it takes to obtain marketing authorisation. Article 3 of the SPC...
Background Booking.com applied to register a number of applications containing the term “booking.com”. Registration of these trade marks was initially refused by the USPTO for being generic for the services for which protection was sought (for example,...
Earlier this year we reported that the European Patent Office (EPO) has stated that the requirements for being an inventor can only be fulfilled by a natural person. The United States Patent and Trademark Office (USPTO) has now considered the parallel subject matter...
Background This case is a preliminary ruling from the Courts of Justice of the European Union (CJEU) following a referral from the German Federal Patent Court regarding Supplementary Protection Certificates. In particular, the referral relates to Article 3(a) of EU...
Genentech owns US Patents 7,846,441 and 7,892,549 which both relate to treating cancers characterised by overexpression of the ErbB2 receptor (which includes breast cancers). The claims of these two patents relate to treating a human patient with a combination of an...
Earlier this month, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its judgement in Illumina, Inc. v. Ariosa Diagnostics, Inc. and if the judgement stands, it may offer diagnostic companies a new way of navigating 35 U.S.C. § 101 – by way of...
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