Intellectual property

UK Court of Appeal asks the CJEU when Markush claims will be sufficiently specific for Article 3(a) of the SPC Regulation

Steven Baldwin

The Appellants in this action, Sandoz and Hexal, are appealing Arnold J’s decision to uphold SPC/GB07/038 on the basis that the Markush formulae in the basic patent are sufficient to satisfy the requirements of Article 3(a) of the SPC Regulation (Regulation (EC) No 469/2009). We have previously commented on the facts here and the first Read More

Broad Institute CRISPR-Cas9 patent revoked in Europe

Daniel Lim

Yesterday, the Opposition Division (OD) of the European Patent Office (EPO) has revoked one of the Broad Institute’s foundational CRISPR-Cas9 patents in Europe (EP2771468), upholding the preliminary opinion, which also found all claims of the patent to be invalid. The revocation of the patent will be suspended pending the completion of the appeal process, which the Broad Read More

General Court dismisses appeal: no likelihood of confusion between RYM and NRIM Life Sciences

Mehreen Siddiqui

Trade mark practitioners should take note of the recent judgment by the General Court in the case of Laborotorios Ern, SA v EUIPO which provides a useful reminder of the assessment undertaken by the Court when considering the likelihood of confusion between two signs. In this decision the General Court upheld the Board of Appeal’s Read More

“Granted means Granted” – CJEU rules that End of Procedure Notice not enough to satisfy Art 3(b) SPC Regulation

Steven Baldwin

At the end of last week, whilst heads were turned by the UK Prime Minister’s pre-dawn flight to Brussels and EU Brexit negotiators tweeting pictures of white smoke billowing from Vatican chimneys, the CJEU handed down its decision in the Merck Sharp & Dohme Corporation v Comptroller General of Patents, Designs and Trade Marks case. Read More

Dutch Minister to explore possibility of compulsory licenses and pharmacy preparations

Anna-Maria Withagen

The Dutch Minister of Medical Care, Bruno Bruins, announced that he is going to explore the possibility of granting compulsory licenses in order to make pharmaceutical companies lower the prices of certain medicines they offer. During a debate, Bruins said that, although the instrument has not been used in the previous years, this does not Read More