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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Intellectual property specialists working with creative people and innovative businesses in the UK, Germany, Europe and worldwide

Actavis v Lilly : the madness begins

In light of the recent Supreme Court decision in Actavis UK Ltd v Eli Lilly and Co [2017] UKSC 48, the Patents Court has considered the correct approach to the interpretation of patent claims and Mr Justice Arnold has held that the doctrine of equivalents does not apply when assessing novelty.

This decision represents a significant change from the previous position in English patent law, namely that claims must be construed the same way for purposes of assessing patent validity and patent infringement. Arnold J found that the patent at issue, which covered a dosage regimen for the administration of glatiramer acetate (GA) for the treatment of relapsing forms of multiple sclerosis (MS), was invalid for obviousness, as the dosage regimen was nothing more than a small and simple variation on the teaching of a prior art patent.

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EPO Enlarged Board upholds partial priority for broadened claims - no more poisonous priorities or poisonous divisionals

Back in 2014 we wrote about the strict “same invention” rule used to establish whether a European (or UK) patent application is entitled to priority.  We wrote that...
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Unitary Patent - UPDATE

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two Regulations and an international Agreement, laying grounds for the creation of unitary patent protection...

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March 2018

Venturefest South 2018...

PATENT ISSUES AUTUMN 2017
Highlights this issue
  • UK Supreme Court grasps nettle of doctrine of equivalents
  • Patent litigation in China
  • EPO increases its output

Download Issue (PDF)

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