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Publications
June 2010 - A new decision from the Enlarged Board of Appeals of the EPO
On 12th May, the Enlarged Board of Appeal delivered its opinion G3/08, dealing with the patentability of programs for computers. If you have any specific questions with regards to these matters, please let us know, we would be happy to give you additional information. To read this article, click on the link below
Feb 2010 - Three new decisions from the Enlarged Board of Appeals of the EPO
26th February 2010, Last week, the Enlarged Board of Appeals of the EPO issued three decisions: G1/07 and G2/08 dealing with exceptions to patentability in the medical field, G4/08 with issues relating to the language of proceedings. Please find attached our analysis of these decisions, that you will hopefully find useful. If...
Dec. 2009 : Generic drugs and comparative adverstising
A recent case found that generic pharmaceutical company can use the name of a branded drug in comparative advertising in France. Philips Lods of Lavoix examines how branded pharmaceutical companies can defend themselves. Clik on the link below to read the article.
July 2009 : Licensing essential patents in the telecoms industry
Standard setting organisations aim to balance the needs of patent holders and consumers. What is the effect of the FRAND undertaking in practice ? Article published in July 2009 in the "IP Focus 2009 Europe" of Managing Intellectual Property n°191. Writers: Cyrille Amar and Jean-marc Puech. To read this article, click on the...
Patent exemption for clinical trials : current status of the Bolar-type provisions in Europe
Analyse of the patent exemption provided by Directive EC 2004/27 and summary of the current status of its implementation in each of the member states. Article published in "Life Sciences Intellectual Property Review 2008". Writers : Stéphanie Michiels and Béatrice Holtz. To read this article, click on the link below
A brief history of Swiss-type claims
Changes to European patent law have brought an end to the need for Swiss-type claims. What does replace them? Article published in June 2008 in the n°180 of Managing Intellectual Property "Patent pioneers. Inventions that built the Biotech Industry". Writers: Béatrice Holtz and Lionel Vial. To read this article, click on the...
A difficult birth: gene patenting is experiencing problems in French legislation
French law has recently brought in the Legal Protection of Biotechnological Inventions European Directive. Its implementation has caused surprising uncertainty about patent protection of isolated gene sequences in France. Article published in February 2008 in the n°176 of Managing Intellectual Property "The leading patent firms...
Infringement and Claim Construction: Towards a French File Wrapper Estoppel?
Patent infringement cases generally rely on the issue of claim construction. The crucial question facing the Courts is whether a specific feature of the claims is limited to the actual recitation of the claims or whether it actually may be extended to other embodiments. The French Courts tended to be reluctant to consider...
How To Prove Infringement In France? The Infringement Seizure
The infringement seizure is a provision of the French Intellectual Property Code (IPC) which enables a Patentee, Applicant or Exclusive Licensee to obtain material evidence of infringement in view of a legal action. The infringement seizure is authorized by an order issued by the Court having territorial jurisdiction as regards...
EPC 2000 : Changes In European Patent Law
A revised version of the European Patent Convention (EPC 2000) will enter into force on 13 December 2007. Amendments will affect many aspects of the European proceedings, the followings being in our view of particular relevance to the practitioners and applicants: Filing of European patent applications The requirements for the...
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