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Wanhuida Intellectual Property | China | 28 Feb 2022

SPC adjudicates first parallel civil and administrative proceedings involving chiral drug patent

The IP Court of the Supreme People's Court recently rendered the final decisions in the first parallel civil and administrative proceedings involving the medical use invention of a chiral drug. These cases shed light on the assessment of the technical teaching of prior art, inventiveness parameters for optical isomers and medical use inventions, the scope of protection of medical use claims,......
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GEVERS | Global | 7 Feb 2022

Have you ever met the "person skilled in the art"?

The person skilled in the art is a hypothetical person who is presumed to be a skilled practitioner in a technical field, with average knowledge and ability, and who is aware of what is common general knowledge in the art at a given relevant date. The main goal of this legal fiction is to provide a standard for determining whether a patent application satisfies the patentability requirements......
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Pinsent Masons | United Kingdom | 24 Jan 2022

New judges focus on importance of experts in Patents Court

Both Mr Justice James Mellor and Mr Justice Richard Meade have frequently commented on the value of the expert evidence before them in their short tenure so far, and in doing so have provided further helpful guidance for the instruction of experts in almost all of the patents judgments they have handed down. This article provides a brief overview of some of the key takeaways patent litigators......
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Wanhuida Intellectual Property | China | 29 Nov 2021

Procter & Gamble fends off unreasonable patent lawsuit in China

In what is becoming an increasingly common occurrence, another multinational corporation has become the target of unreasonable patent assertion in China. Brand owners should familiarise themselves with the facts of this case in order to take evasive action against opportunists. The newly amended Patent Law provides a remedy against bad-faith assertions, meaning that multinationals with more......
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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 | European Union | 23 Aug 2021

Seemingly obvious inventions might be patentable

When assessing patent applications, the European Patent Office uses the "problem-solution" approach, which is designed to avoid using hindsight and enables examiners and practitioners to determine whether an invention involves an inventive step. This approach comprises, among other things, the definition of an objective technical problem to be solved in view of the prior art.
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Uchida & Samejima Law Firm | Japan | 7 May 2020

Court found not within the technical scope of an invention relating to a method for detecting sepsis

This judgment may be a useful example in which the interpretation of the technical scope of a claimed invention is limited by taking a prior art…
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Harness, Dickey & Pierce, PLC | USA | 30 Apr 2020

Board Misconstrued Scope of Prior Art By Relying on Reference Numerals in its Claims

In Grit Energy Solutions, LLC v. Oren Technologies, LLC, [2019-1063] (April 30, 2020), the Court of Appeals for the Federal Circuit vacated and…
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Harness, Dickey & Pierce, PLC | USA | 16 Mar 2020

Design Patent Infringement Affirmed Where Defendant Did Not Proffer Jury Instructions or Introduce Prior Art

In Hafco Foundry and Machine Co., Inc. v. GMS Mine Repair and Maintenance, Inc., [2018-1904] (March 16, 2020), the Federal Circuit affirmed the…
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Harness, Dickey & Pierce, PLC | USA | 19 Feb 2020

Motivation to Combine Prior Art Can Come from Knowledge of those Skilled in the art, the Art Itself, or the Nature of the Problem

In Acoustic Technology, Inc. v. Itron Networked Solutions, Inc., [2019-1061] (February 19, 2020), the Federal Circuit affirmed the PTAB’s…
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