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 Juliette Boynton | Jul 2, 2024 | US & International
However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US...
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 | Apr 2, 2024 | UPC
The UPC’s rules of procedure provide that when deciding whether to grant a preliminary injunction, the court may require the party applying for the preliminary injunction to show with a “sufficient degree of certainty” that the patent in question is valid and...
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,...
Recent Comments