Patents

New Unjustified Threats Regime in force from 1 October 2017

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right for any person aggrieved by the threat to bring an action against the threatener. The “aggrieved” person may not … Continue reading

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Filed under 3D printing, Advertising, Agribio, Agribusiness, Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, Media, Passing Off, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

Unified Patent Court Agreement still on pause despite 14th ratification

Lithuania has now ratified the UPC Agreement (UPCA) (on 24th August 2017) making it the 14th state to do so (see the UPCA ratification index here). Under the terms of the UPCA, the Agreement can only come into effect once … Continue reading

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Filed under EU, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK

Estonia ratifies the UPC Agreement – 13 ratifications now in place – just Germany and the UK to go

Estonia ratified the UPC Agreement (UPCA) on 1 August 2017, making it the thirteenth contracting member state to do so (see the European Council’s ratification index here). Under the terms of the UPCA, the Agreement can only come into effect … Continue reading

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Filed under EU, Patents, Pharma, The Unified Patent Court and the Unitary Patent, UK

EPO Administrative Council clarifies patentability position of plants and animals

From 1 July 2017, the EPO will no longer grant patents for plants and animals exclusively obtained by means of an “essentially biological process”. This follows a European Commission Notice dated 8 November 2016 (please click here for the full … Continue reading

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Filed under Agribio, Agribusiness, Patents, Uncategorized

UK SUPREME COURT ADOPTS NEW APPROACH TO PATENT INFRINGEMENT

The Supreme Court has redefined the UK approach to determining patent infringement. In doing so, it has made the approach more permissive, seeking to align the UK approach with that taken in other European countries.

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Filed under Patents, Pharma, Technology, media & telecommunications, UK

Herbert Smith Freehills wins IP Team of the Year at the Lawyer Awards

Herbert Smith Freehills has been named IP Team of the Year at The Lawyer Awards 2017, for its work defending one of the largest-ever patent cases to be heard in the UK High Court. Earlier this month, Herbert Smith Freehills … Continue reading

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Filed under Awards, Patents, Pharma, UK

UK Government lays pre-ratification UPC legislation before Parliament

The Unified Patent Court (Immunities and Privileges) Order 2017 was laid before Parliament on 26 June 2017 – see the explanatory memorandum here. This Order implements the Protocol on Privileges and Immunities of the UPC  (the Protocol)  and confers legal status in the UK on … Continue reading

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Filed under EU, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK, Uncategorized

Patent and Pharma Update – June 2017

Our regular Patent and Pharma Update aims to keep you informed of recent developments in United Kingdom and European law relating to patents and the pharmaceutical industry.

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Filed under Brexit, EU, Licensing, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, UK

UPC commencement postponed – Preparatory Committee announces that 1 December 2017 start date cannot be maintained

Latest UPC developments: UPC Preparatory Committee announces that 1 December 2017 start date for UPC has been postponed (7 June 2017) Private challenge to the UPC system made before German Constitutional Court delays progress of Gernan UPCA ratification UPC Protocol on Provisional … Continue reading

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Filed under EU, Patents, Pharma, The Unified Patent Court and the Unitary Patent, UK

Patents Court finds SPC based on a Markush formula valid in Sandoz v Searle

The Patents Court has held that Searle's supplementary protection certificate ("SPC") based on a claim setting out a Markush formula is valid. Arnold J considered the interpretation of Article 3(a) of the SPC Regulation and its application to Markush formulae … Continue reading

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Filed under EU, Patents, Pharma, UK, Uncategorized