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Spoor & Fisher | South Africa | 29 May 2023
Registrar of patents takes steps to prevent abuse of South Africa's patent system
The South African Patent Office recently issued a practice note that sets out the requirements for expedited acceptance of patent applications. The practice note will go some way to curbing the abuse of the non-examination system by applicants who request expedited acceptance and grant of South African patents, for example, in order to leverage governmental rebates and incentives awarded on......
Smart & Biggar | Canada | 17 May 2023
Supreme Court of Canada denies Pharmascience leave to appeal decision upholding validity of two patents relating to Eliquis
The Supreme Court of Canada recently dismissed Pharmascience's application for leave to appeal a decision of the Federal Court of Appeal upholding the validity of two patents relating to apixaban. The Federal Court of Appeal had dismissed Pharmascience's appeal of a Federal Court decision upholding the validity of Canadian Patent Nos. 2,461,202 and 2,791,171.
Pearl Cohen Zedek Latzer Baratz | Israel | 15 May 2023
Israeli patent commissioner says that AI cannot be considered "inventor"
The commissioner of patents in Israel has denied two patent applications submitted by Dr Steven Thaler. The commissioner found that recognising artificial intelligence as a patent inventor, or the registration of a patent for an invention created without any human involvement, is a question of policy best decided by the legislature. Until the legislature enacts different rules, only a human......
Lee and Li Attorneys at Law | Taiwan | 1 May 2023
Patent drafting practice: radiation therapy
The treatment of tumours in humans has become one of the most important applications of new techniques in the field of medical radiation physics. However, as researchers and developers prepare to patent new medical technologies, patent eligibility has become a critical issue. This article explores practices in Taiwan and illustrates how patent applications relating to boron neutron capture......
Grünecker | European Union | 17 Apr 2023
EPO EBoA rules on admissibility of post-published evidence in support of inventive step
A question often raised in examination and opposition is whether and, if so, to what extent, the applicant should be allowed to rely on post-published evidence (PPE) to demonstrate a technical effect in support of inventive step when such PPE was not part of the application. The Enlarged Board of Appeal recently issued an opinion on this matter. Given the central importance of the decision to......
K&S Partners | India | 12 Apr 2023
Demystifying patentability requirements and prosecution strategies for AI-enabled healthcare innovations in India
AI-enabled healthcare innovations and products are transforming the healthcare industry by providing faster, more accurate and cost-effective diagnostics and treatments for improving patient outcomes. However, obtaining patents for AI-based healthcare inventions may present certain challenges: objections may be raised under sections 3(k) and 3(i) of the Patent Act. Patent applicants can......
Lee and Li Attorneys at Law | Taiwan | 3 Apr 2023
Is a court obliged to investigate an expert witness when determining the inventive step of a patent?
During an inventive step determination, questions may be asked about the technical level of the person ordinarily skilled in the art as of the filing date of a patent application. In practice, patentees sometimes ask for a court investigation about an expert witness. In two recent judgments, the Supreme Administrative Court and the Supreme Court, respectively, held that the original courts......
Venable LLP | USA | 6 Mar 2023
Can AI assist in the invention or discovery of the subject matter of an invention?
The law is clear (for now) that artificial intelligence (AI) is not capable of being an inventor under the Patent Act because AI is not a "natural person" as required by the Patent Act. However, the question of whether AI can assist in the invention or discovery of the subject matter of an invention remains unanswered. This article examines what the Patent Act says with respect to whether......
Lee and Li Attorneys at Law | Taiwan | 13 Feb 2023
Common general knowledge and "person skilled the art": Supreme Administrative Court issues guidance
Can the "prior art" (ie, the prior art known to the applicant) specified by the patentee in the specification be considered "common general knowledge" at the time of filing? Further, is it possible to determine the technical ability of a person ordinarily skilled in the art through the prior art specified in the specification? The Supreme Administrative Court has explicitly taken a negative......
Grau & Angulo | Spain | 13 Feb 2023
Barcelona court rules on need to prove patentability requirements of subsidiary patent claims
Barcelona Commercial Court No. 5 recently upheld a counterclaim for patent nullity. Among many other issues, this judgment specifically ruled on the need to prove that the subsidiary set of claims of a patent (filed in the context of patent litigation) complies with the patentability requirements. The judgment under analysis was handed down after the Patent Section of the Barcelona Commercial......
