Intellectual property

Dutch government survey: “Are the supplementary protection mechanisms for pharmaceutical products fit for their purpose?”

Anna-Maria Withagen

Supplementary protection mechanisms have succeeded in achieving most of their aimed objectives, according to a study by the Technopolis Group that was commissioned by the Dutch government. However, another conclusion of the study is that the mechanisms seem to have various unintended effects as well. These effects still have to be further investigated. Below is Read More

SPCs: CJEU in Teva v Gilead C-121/17 adopts new two-stage test for combination products and pins Art 3(a) to the priority date of the patent

Steven Baldwin

Those looking for clearer guidance on the practical application of Art 3(a) are likely to be left disappointed by this week’s CJEU judgment in the Teva v Gilead SPC litigation. In summary, the Court (who heard this case in a Grand Chamber of 13 judges) has adopted a Lilly v HGS-based approach to Art 3(a) for combination Read More

SPCs and Brexit: SPC applications pending in the UK at the end of the “transition period” will still be granted

Steven Baldwin

EU and UK Brexit negotiators have agreed that applications for Supplementary Protection Certificates (SPCs) for plant products and medicinal products submitted in the UK before the end of the Brexit “transition period” (currently 31 December 2020) will: Still be granted after the end of that period; and Provide for the same level of protection as Read More

English Court of Appeal rejects the EPO’s “serious contemplation” test for anticipation by prior disclosure overlapping with later patent

Marjan Noor

In the case of Jushi Group v OCV [2018] EWCA Civ 1416, the Court of Appeal has considered the question of the relevant test to apply when assessing whether a prior disclosure of numerical ranges will anticipate a later claim to overlapping numerical ranges. The patent at issue relates to the composition of a type Read More

Edwards Lifesciences v Boston Scientific: Decision of UK Court of 24th May 2018

Marjan Noor

The issue of whether public health policy considerations can prevent the grant of a final injunction is a live one as the number of disputes in the biologics field increases. In this decision of the UK High Court of Justice, public health considerations led to the stay of the injunction and also its qualification for Read More