Background For valuable inventions it is relatively typical for a US patent to be expanded into a family of patent rights. Naturally, the value of patents is further enhanced by extra patent term. Patents with expiry dates beyond the normal 20 year period can be...
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...
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...
These provisions for “second medical use” also rely on the claims for use in a method of treatment being interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, the interpretation...
However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US...
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