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Bird & Bird LLP | United Arab Emirates | 26 Sep 2022

Practical guide to patents in the United Arab Emirates: patentability requirements

This article is the third in a series outlining the practical aspects of patent legislation and procedure in the United Arab Emirates. In particular, this article sets out the formal and substantive requirements with which patent applications must comply. It also highlights what is not registrable as a patent in the United Arab Emirates, and explains how divisional applications work.
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Bird & Bird LLP | Saudi Arabia | 26 Sep 2022

Practical guide to patents in Saudi Arabia: patentability requirements

This article is the third in a series outlining the practical aspects of patent legislation and procedure in Saudi Arabia. In particular, this article sets out the formal and substantive requirements with which patent applications must comply. It also highlights what is not registrable as a patent in Saudi Arabia, and explains how divisional applications work.
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Smart & Biggar | Canada | 21 Sep 2022

Federal Court of Appeal upholds invalidity of fampridine patent

The Federal Court of Appeal has dismissed an appeal by Biogen and a cross-appeal by Taro from a decision of the Federal Court dismissing two actions by Biogen under the Patented Medicines (Notice of Compliance) Regulations. The Federal Court had found Canadian Patent No. 2,562,277 invalid but would have been infringed by Taro's proposed fampridine product (Biogen's Fampyra). The 277 patent......
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RK Dewan & Co | India | 29 Aug 2022

Patent of addition

A patent is an exclusive right granted for an invention, which is a new product or a process that involves an inventive step and is capable of…
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RK Dewan & Co | India | 26 Aug 2022

Inventive Step Objections in Patent Applications

When a patentable idea is considered inventive? What standards are used to evaluate inventiveness? What are the best practices to overcome inventive…
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Knobbe Martens | USA | 5 Aug 2022

USPTO Issues Notice Regarding Patent Examinations and FDA Submissions

On July 29, 2022, the United States Patent and Trademark Office (USPTO) issued a Notice by Director Kathy Vidal that may be relevant to those seeking…
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OMC Abogados & Consultores | Peru | 25 Jul 2022

Second use patents: Viagra case

Second use patents are a sensitive issue in patent law, and the debate on the patentability of second uses continues due to the importance of the right to access health for all people. This article explains the notable Viagra case in Peru, in which a second use patent was initially granted before being declared null and void for having violated Andean Community Decision 344.
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Obligado & Cia | Argentina, Global | 25 Jul 2022

Patents and AI

As a result of the technological revolution, artificial intelligence (AI) can compete with, and sometimes even excel, humans with respect to cognitive skill. This has the potential to be deeply disruptive in the context of intellectual property, both in Argentina and around the world: the need for new rules that contemplate the changing circumstances is becoming increasingly evident. This is......
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Lee and Li Attorneys at Law | Taiwan | 18 Jul 2022

Criteria for determining motivation to combine prior art in inventive step analysis

Under article 22(2) of the Patent Act, an invention that can be made easily by a person ordinarily skilled in the art based on prior art may not be patented. This is known as the "inventive step" provision. When assessing the inventive step, the examiner should evaluate whether a person ordinarily skilled in the art would have "motivation" to combine the technical contents of multiple prior......
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Smart & Biggar | Canada | 11 Jul 2022

Canada adopts three-step framework for assessing patentable subject matter in Benjamin Moore

Recently, the Federal Court released a decision establishing a new three-step legal framework for assessing patentable subject matter, particularly as it relates to the patentability of computer-implemented inventions. The decision rebukes several aspects of the Canadian Intellectual Property Office's (CIPO's) current "actual invention approach" and instructs CIPO to use the new framework......
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