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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

UK Supreme Court Grasps Nettle of Doctrine of Equivalents 

In the case Eli Lilly v Actavis issued on 12 July 2017, the UK Supreme Court has overturned 35 years of English patent law by applying a doctrine of equivalents to find that Actavis’s products directly infringe Eli Lilly’s patent.

The Court found, under a new doctrine of equivalents, that a claim to a sodium salt of the drug pemetrexed also extended to potassium salts and the base acid of the drug.

The Court has reformulated the “Improver” questions originally posed by Lord Hoffmann in Improver Corp v Remington Consumer Products (subsequently known as the “Protocol” questions).  account) and also the extent to which it is permissible to make use of the prosecution history of a patent when determining its scope.

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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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24

October 2017

IP SHOWCASE BASEL...

PATENT ISSUES SPRING 2017
Highlights this issue
  • EPO Increases its output
  • EPO enlarged board upholds partial priority for broadened claims
  • UK court sets FRAND rate  for 4G SEPs 
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