News

Bio International Convention, San Francisco, June 2016

The BIO Convention is the global event for biotechnology and pharma leaders and covers a wide spectrum of topics including drug discovery, bio manufacturing, genomics, biofuels, nanotechnology and cell therapy. Charlotte Watkins from Secerna will be on hand to advise on related European and UK patent matters.

Recent UK Court decision provides insight on the interplay between clarity and insufficiency

In a recent patent case, Unwired Planet International Limited v Huawei Technologies Co Limited and others, the defendants tried to argue that a term used in the claims lacked clarity to the extent it was “truly ambiguous” and that as a result the patent in question was insufficient.

Common Sense from EPO on Transfer of Employee Inventions

A recent decision published as T0205/14 by the Technical Board of Appeal at the European Patent Office outlines the possibility that an express assignment of the right to priority is not necessary for a Patentee to enjoy a right to priority.

Accelerated Patent Prosecution via the Green Channel

Plausibility, Sufficiency and Inventive Step

A recent decision issued by the High Court has found that a patent to the second medical use of atomoxetine for the treatment of ADHD is valid. In his judgement, Mr Justice Henry Carr provided further guidance on the relationship between plausibility, sufficiency and inventive step. Practical advice – take care when relying on prior art disclosures to support plausibility so as to avoid the possibility of a squeeze attack. Include as much data as is reasonably possible having regard to the claim scope, nature of invention and common general knowledge.

European Patents can now be validated in the Republic of Moldova

EPO Clarifies Timing for Filing Divisional Patent Applications

Recent Decision confirms the Assessment of Added Matter

CJEU: Covalent binding of active ingredients does not preclude grant of SPCs

Covalent binding of active ingredients does not preclude grant of SPCs. The Court of Justice of the European Union (CJEU) recently considered whether a carrier protein covalently conjugated to the active ingredients of a vaccine could itself be protected by a Supplementary Protection Certificate (SPC). The Court found that while the covalent binding of active ingredients does not preclude the grant of an SPC, a carrier protein can only itself be considered an “active ingredient” if it produces a physiological effect which is covered by the marketing authorisation of the medicine in which it is present.