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Berggren Oy | European Union | 15 Apr 2022
Remaining Important Revisions to 2022 EPO Guidelines: Final Entry in Berggren´s Weekly Guidelines Update Series
In this seventh and final article of our 2022 weekly series addressing updates to the European Patent Office’s (“EPO”) Guidelines for Examination…
Spoor & Fisher | South Africa | 8 Nov 2021
Meaning of "coterminous" with respect to divisional patent applications
The term "coterminous" means to have the same boundary. In Pharma Dynamics (Pty) Ltd v Bayer Pharma AG, the Supreme Court of Appeal held that a divisional patent application may have a broader or narrower protection of the inventions claimed in the parent application, but that the claims of the parent and the claims of the divisional application may not be "coterminous".
Carpmaels & Ransford LLP | United Kingdom | 1 Nov 2021
Carpmaels in Conversation: Patents Updates - Third party observations & double patenting
In our latest Episode, Partner and host Daniel Wise together with Associates Maggie Gisseleire and Joe Abdalla discuss: Third party observations and…
Grünecker | European Union | 9 Aug 2021
Enlarged Board of Appeal decision G 4/19: double patenting
The Enlarged Board of Appeal (EBA) of the European Patent Office recently held that a European patent application can be refused if it claims the same subject matter as a European patent that has been granted to the same applicant and that has the same effective date. Essentially, the EBA stated that the later application can be refused under all possible constellations of the earlier patent......
Marks & Clerk | European Union, United Kingdom | 29 Jan 2019
Double Patenting Conundrums
Double patenting occurs where the same invention is protected by more than one patent, and the UK is one of many countries having provisions to…
Marshall Gerstein & Borun LLP | USA | 12 Dec 2018
Obviousness-Type Double Patenting Does Not Invalidate a Patent Term Extension
The Federal Circuit recently addressed the interplay between the statutory patent term extension (PTE) and the non-statutory doctrine of…
Troutman Pepper | USA | 10 Dec 2018
Obviousness-Type Double Patenting Just Became Less of a Problem for Innovators
The Federal Circuit recently issued a pair of decisions concerning the Gilead doctrine, which allowed later-issuing patents to be obviousness-type…
Harness, Dickey & Pierce, PLC | USA | 7 Dec 2018
Normal Double Patenting Rules Don’t Apply When the Patents Straddle the URAA
In Novaritis Pharmaceuticals Corporation v. Breckenridge Pharmaceutical Inc., [2017-2173, 2017-2175, 2017-2176, 2017-2178, 2017-2179, 2017-2180…
Harness, Dickey & Pierce, PLC | USA | 7 Dec 2018
Judicially Created Double Patenting Does Not Limit Statutory Patent Term Extension
In Novartis AG v. Ezra Ventures, LLC, [2017-2284] (December 7, 2018), the Federal Circuit affirmed the district court’s determination that…
Rothwell, Figg, Ernst & Manbeck, PC | USA | 20 Aug 2018
Celltrion’s and Hospira’s Production of Infliximab Biosimilars Does Not Infringe Remicide®-Related Patent
In a 104-page ruling, U.S. District Judge Mark L. Wolf granted summary judgment in favor of Celltrion and Hospira, finding that a doctrine of…
