by Carolyn Haywood | Oct 28, 2025 | US & International
In district court litigation, patents can be challenged on any ground, and challenges may be based on any kind of prior art recognised by the patent statutes. Inter partes review (IPR) proceedings are, however, different. They are administrative proceedings in which...
by Carolyn Haywood | Sep 30, 2025 | EPO
Background to the referral The G 1/23 referral came from Board 3.3.03 in the consideration of T 0438/19, an appeal against the decision of an opposition division to reject an opposition against a European patent directed to a material for encapsulating a solar cell...
by Chloe Sullivan | Jul 22, 2025 | US & International
The new system replaces the 1976 Plant Breeders’ Rights Act and intends to bring South Africa into compliance with the International Union for the Protection of New Plant Varieties (or UPOV). However, what is more interesting is how many parallels the new system draws...
by David Eyre | Jun 10, 2025 | UPC
The jurisprudence of the United Patent Court (UPC) is relatively new. Thus, a question of ongoing interest is to what extent the UPC will follow the jurisprudence of the European Patent Office (EPO) and/or one of the UPC member states was not fully known. The...
by Carolyn Haywood | May 1, 2025 | US & International
The subject CJEU referral stems from an action brought before the Swedish national court by BSH Hausgeräte GmbH (‘BSH’) against Electrolux AB (‘Electrolux’) seeking an injunction and damages with respect to the unlawful use of their invention protected by European...
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