by Carolyn Haywood | Oct 10, 2023 | US & International
Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
by Carolyn Haywood | Aug 11, 2023 | EPO
Background to the referral The referral comes from Board 3.3.03 in the consideration of T 0438/19, an appeal against the decision of the opposition division to reject an opposition against European patent no. 2626911 directed to a material for encapsulating a solar...
by David Eyre | May 25, 2023 | EPO
In laboratory practice the production of new antibodies is now often considered routine with a desired epitope synthesised and used to raise antibodies to that specific sequence. Accordingly under European practice the EPO views generating antibodies against any known...
by David Eyre | Feb 28, 2023 | UK
In this decision the Hearing Officer noted that a marketing authorisation is focused on what a product is rather than what it does. Consequently, a change in how the authorised product is used does not alter the basis of the original marketing authorisation....
by Sean HutchinsonEddie Bishop | Feb 8, 2022 | EPO
Background In our previous article, we discussed the expected referral to the Enlarged Board of Appeal in case T 116/18, wherein the Board of Appeal decided greater clarity was required concerning the use of post-published data when considering inventive step. The...
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