by David Eyre | Jul 8, 2024 | EPO
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...
by Sean Hutchinson | Jun 12, 2024 | EPO
Background In our article of January 2024, we reported that the opponent in the case underpinning the “plausibility” referral (G 2/21) had filed a petition for review of the referring board’s decision (T 116/18) by the Enlarged Board of Appeal. That petition is...
by Sean Hutchinson | Jan 25, 2024 | EPO
When the EPO’s Enlarged Board of Appeal issued its decision in G 2/21 (the “plausibility” referral), many were left wondering what the requirements were for a patent applicant/proprietor to be able to rely on post-filed evidence in support of inventive step. However,...
by David Eyre | Jan 22, 2024 | US & International
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
by Sean Hutchinson | Dec 21, 2023 | EPO
Our Headnote It seems that the era of “plausibility” is over, and there may now be little, if any, consideration given to whether the technical effect was plausible / not implausible in view of the application as filed. Instead, emphasis is now placed on the “broadest...
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