What is a unitary patent? Traditionally, when a European patent is granted by the European Patent Office (EPO), it is validated individually in each EPC contracting state of interest to the applicant/proprietor. Each of those contracting states is then responsible for...
Background It has long been the EPO’s practice to require an Applicant of a European patent application to amend the description to bring this into conformity with the claims once these are allowed by the Examiner. Articles 84 EPC, Rule 42(1)(c) EPC, and Rule 48(1)(c)...
Questions on the European SPC Regulation, in particular in relation to SPCs for combination products, have been raised at the CJEU many times over the years. It is therefore hoped that this newest referral may provide some much-needed clarity. Background For an SPC to...
Overview T 0013/20 concerns the refusal of a patent application with a priority date in July 2004, where the relevant citation is D2: W.E. Ryan: “An Introduction to LDPC Codes”, XP002336953, pp. 1-23. A date of “August 19, 2003” – i.e. before the priority...
Background Neurim previously sued Mylan for infringement in the UK of its European patent no. 1441702, which is related to melatonin for use in improving the sleep quality of a patient suffering from primary insomnia characterised by non-restorative sleep. Mylan...
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