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Work Area: Patent law

Enlarged Board of Appeal fails to offer clear guidance in highly-anticipated “plausibility” opinion
Enlarged Board of Appeal fails to offer clear guidance in highly-anticipated “plausibility” opinion

The EBA has not laid out clear rules about when post-filed evidence can be used to demonstrate technical effect

Three key takeaways from how the new disproportionality defence is affecting SEP infringement cases
Three key takeaways from how the new disproportionality defence is affecting SEP infringement cases

The Munich Regional Court has clarified its stance on the hot topic in German patent litigation, ruling on the new defence in three parallel SEP cases, providing welcome clarity for future litigation strategies.

New legislation overhauls and their impact on IP litigation
New legislation overhauls and their impact on IP litigation

While the codification of remote hearings, a triple exchange of briefs and the simplification of procedures may present new challenges, these new reforms should ultimately bring about positive changes to the justice system by streamlining and modernising procedures.

Latest content

Five things to watch in US Supreme Court oral argument in Amgen v Sanofi

Chief IP officers at large and small companies – especially life sciences – are closely watching the case which promises to settle debate about what comprises sufficient enablement under Section 112

15 March 2023

Indian Patent Office and Delhi High Court at odds over lack of sufficient reasoning in landscape-shaping decisions

The Delhi High Court has had to raise natural justice principles with the Patent Office in multiple 2022 cases, a crucial reminder that parties must be provided with fair opportunities and rulings backed with reasonable explanations.

15 March 2023

A roadmap for industry-academia collaboration to advance IP policy

Ethical and transparent partnerships can help resolve pressing issues all while furthering a company’s goals and interests

08 March 2023

Regional courts unmoved by new disproportionality amendment to the German Patent Act

In what can be seen as a relief for patent holders, the new disproportionality exception for the enforcement of patent injunctions has left the German district courts' strict approach to injunctions unchanged.

08 March 2023

Why urgency is critical for injunctive relief in Greece

Under the Greek Patent Law, European patent applicants can enjoy provisional protection against potential infringers, so long as they successfully carry out certain formalities and can justify that their request is sufficiently urgent.

08 March 2023

US commenters warn of ‘unintended consequences’ in pharma patent crackdown

Potential initiatives to limit continuation practice are causing deep divides in the life sciences patent community – causing technology licensors and Big Tech to take sides

07 March 2023

Square peg in a round hole: the dangers of expanding the TRIPS waiver

Saturday Opinion: Disseminating covid diagnostics and therapeutics is critical, but attempting to do so via the TRIPS waiver extension is rife with unintended consequences

04 March 2023

UK Supreme Court becomes highest court to consider DABUS/AI inventorship dispute

The country’s highest court grappled with questions that are fundamental to the future of patent law

03 March 2023

A comeback for injunctions would help to revive US patent leadership

Without significant reforms that restore the right to exclude, lower costs and clarify eligibility, SMEs will remain second class citizens and the big calls on FRAND and SEPs will be made in Europe

02 March 2023

State of inventiveness in Europe

The region is lagging behind its global peers in invention productivity but there are ways this gulf can be crossed

24 February 2023

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