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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 27 Sep 2021

Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or does it?

In a recent decision, the Federal Supreme Court dealt with the long-disputed question of whether the assessment of patent claims is fundamentally a question of law or a question of fact. In finding that the interpretation of patent claims must not be interpreted in an empirical but in a normative manner, the Court held that the interpretation of patent claims is a question of law.
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Wanhuida Intellectual Property | China | 27 Sep 2021

Assessment of novelty and inventiveness for pharmaceutical preparation invention

In practice, an invention of a pharmaceutical preparation is generally considered to be less creative than an invention of a compound. This usually puts the patentee of a pharmaceutical preparation invention in a disadvantageous position when defending the validity of its patent. This article discusses a request for invalidation of a patent that covered the transdermal administration of an......
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GEVERS | Global | 27 Sep 2021

Improvements based on selection of sub-ranges can be patentable

What happens if a party's new technology arises from a known technology, and differs only in the selection of a specific sub-range of values (eg, a specific percentage of compounds or a specific temperature)? What are the advantages of patenting such a development? Specific requirements in terms of patenting selection inventions based on sub-ranges need to be fulfilled, and patent laws have......
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Montaury Pimenta, Machado & Vieira de Mello | Brazil | 27 Sep 2021

Challenging competitors' patents in Brazil

In Brazil, a problematic competitor's patent or patent application can be challenged by filing a subsidy to the technical examination or a request for administrative nullity procedure. This article discusses the advantages and disadvantages of the two methods, as well as other available options for parties wanting to challenge a competitor's patent in Brazil.
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Lee and Li Attorneys at Law | Taiwan | 27 Sep 2021

Newly adjusted draft amendments to Patent Act

Having deliberated on comments received from various parties regarding the draft amendments to certain articles of the Patent Act released in December 2020, the Taiwan Intellectual Property Office has released a second draft of amendments. The amendments concern, among other things, the suspension of procedures, the timing of divisional applications, the circumstances in which new evidence......
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Smart & Biggar | Canada | 20 Sep 2021

Fact or fiction? Debunking patent myths for business and technology leaders

There are many misconceptions or "myths" about patents that have found their way into popular discourse. In this article, five common myths about patents are addressed to help business leaders and technology managers better separate fact from fiction and make informed decisions to protect investments made in innovation.
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Grünecker | European Union | 20 Sep 2021

Anonymous oppositions to continue at EPO

Following the grant of a European patent, there is a window of nine months during which oppositions can be filed against a granted patent and the revocation of the patent can be requested. The current practice of the EPO allows an opposition to be validly filed by a "straw man" – that is, by an opponent filing the opposition not in their own interest, but in the interest of an anonymous third......
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Pinsent Masons | United Kingdom | 20 Sep 2021

Court of Appeal provides new guidance on patent sufficiency

Following the leading Supreme Court judgment in Regeneron v Kymab, and the subsequent clarification by Lord Justice Birss in the decision of Illumina v MGI, the Court of Appeal has continued the recent trend of refining the principles of sufficiency in UK patent law. In its recent decision in FibroGen v Akebia (with the leading judgment also given by Lord Justice Birss), the Court of Appeal......
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K&S Partners | India | 15 Sep 2021

Untapped potential of CRISPR in India: IP perspective

Clustered regularly interspaced short palindromic repeats (CRISPR) is one of the most talked-about technologies of the decade, with applications in sectors including healthcare, agriculture and energy. However, developments around intellectual property on CRISPR are yet to gather momentum in India. CRISPR holds the potential to foster a stronger culture of research and innovation in India to......
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Grau & Angulo | Spain | 13 Sep 2021

Barcelona patent court dismisses PI request in relation to sorafenib generics

Barcelona Commercial Court 1 recently dismissed a preliminary injunction request filed by Bayer against four companies in relation to the commercialisation of generic medicinal products of sorafenib tosylate. Before assessing the specifics of the case at stake, the decision highlighted some key procedural issues regarding the possibility of arguing invalidity of the asserted patent in PI......
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