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J A Kemp
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Gray’s Inn
By Andrew Bentham
Recent weeks have seen important developments in the debate on patent-eligibility of plants in Europe, with the EPO's Boards of Appeal and its President, Administrative Council and member states pulling in opposite directions.
By J A Kemp
The English High Court has granted an injunction (decision here) against an implementer of a Standard Essential Patent which had been ‘holding out' and refusing to engage constructively in the RAND ...
By J A Kemp
The Supreme Court issued its judgment in Icos v Actavis yesterday 27 March, considering the issue of inventive step.
By J A Kemp
Last week the European Union (EU) gave its approval for the UK to delay its exit from the EU beyond 29 March 2019, without requiring the UK Government to revoke Article 50 and cancel Brexit
By J A Kemp
The EPO has announced a cooperation with European Committee of Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC)
By J A Kemp
As reported previously here, the EPO has been participating in WIPO's Digital Access Service (DAS) for the exchange of certified copies of priority documents since 1 November 2018.
By J A Kemp
The referral in Abraxis C-443/17 was made by Mr Justice Arnold of the English High Court in a case concerning an application for an SPC for the oncology product ABRAXANE®.
By Aaron Newell
On Friday 15 March 2019 the World Intellectual Property Organization released its UDRP statistics for the 2018 calendar year.
By J A Kemp
The Board of Appeal in decision T0831/17 has referred the following questions to the Enlarged Board of Appeal (our English translation, original questions in German
By J A Kemp
In a judgment handed down on 1 March 2019 Mr Justice Arnold has referred the following question to the CJEU
By J A Kemp
The Board of Appeal in case T0318/14 has indicated in the minutes of oral proceedings held on 7 February 2019 that the following questions concerning double patenting are being referred
By Andrew Clark, Chris Milton, Mark Roberts
The issue of "double patenting" arises in the EPO when one applicant files two European patent applications with closely related claims and the same effective filing date.
By John Leeming
EPO Technical Board of Appeal 3.5.07 has, in case T 0489/14 (Pedestrian simulation/CONNOR), referred questions to the Enlarged Board of appeal concerning what is to be considered technical in the fields of design and simulation.
By Tom Albertini, John Leeming
The UK Government has now approved draft regulations, The Designs and International Trade Marks (Amendment etc.) (EU Exit) Regulations 2019, which set out what will happen to European Union Design rights on "exit day".
By J A Kemp
On 28 May 2018 the European Commission published a proposal for a change in the law which would permit third parties to manufacture a medicinal product protected by a Supplementary Protection Certificate.