1.1 Article 112a EPC allows, under certain specific circumstances, a party adversely affected by a decision of a Board of Appeal to have the decision reviewed by the Enlarged Board of Appeals. Article 112a was inserted in the EPC2000 and came into effect on December 13, 2007. 1.2 According to A112a(2)EPC, the...

Article 11 of the Rules relating to Fees of the European Patent Convention sets out the conditions under which a full or 75% refund of the examination fee will be made. According to this Article, the examination fee shall be refunded: (a) in full if the European patent application is withdrawn, refused or...

Legal context According to the European Patent Convention, Article 69(1), the extent of the protection conferred by a European patent shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims. Further, in German case law in litigation proceedings a...

1. In cases where the European Patent Office (EPO) has acted as International Search Authority (ISA) or International Preliminary Examining Authority (IPEA), the applicant is invited by a communication under Rule 161 EPC to correct deficiencies noted in the Written Opinion of the ISA, the International Preliminary Examination...

Legal context Applications for a German patent or utility model do not necessarily have to be filed in German. Indeed, the German Patent and Trademark Office (GPTO) accepts such applications in any language provided the applicant files a German translation thereof within three months from the filing date. If no German...

In a recent decision (Novartis c. Actavis, TGI Paris, 28 January 2011), le Tribunal de Grande Instance of Paris granted a preliminary injunction preventing the marketing of pharmaceutical compositions containing valsartan and hydrochlorthiazide (HCTZ), considering that marketing of such compositions would infringe the SPC for...

Rule 161 EPC was introduced by the European Patent Office (EPO) in the attempt to accelerate the prosecution of Euro-PCT applications in the early stage. For applications where the EPO acted as International Searching Authority (ISA), Rule 161(1) EPC requires the applicant to respond early in the proceedings to any...

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

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...

In a recent decision dated 28th September 2010, the French first instance Paris Court has considered whether a "second medical use" claim directed to an administration dose would be admissible. The claim of the European patent in suit was worded according to the Swiss-type claim format and recited the treatment of...

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.

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...

A year on from the implementation of EPC 2000, those seeking to lodge claims to protect further medical use should be aware of the dangers of continuing former practice. Article paru dans le numéro de Novembre-Décembre 2008 du magazine "World Intellectual Property Review". Rédacteurs : Lionel Vial, Sonia Dias and...

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

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...

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...

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...

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...