Legal Updates

Unified Patent Court Brought to Life

  The Unified Patent Court (UPC) has started running due to Austria completing the ratifications of the UPC Agreement (UPCA) and Protocol on the Provisional Application of the UPC Agreement (PPA).  This allowed the UPC to start running, in a limited capacity, from 19 January 2022, with the start of...

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Is Amending the Description of a European Patent Application to be Consigned to History?

  In a notable decision on an apparently mundane legal topic, a Technical Board of Appeal of the EPO recently decided (in T 1989/18) that requiring applicants to amend their description so that it is consistent with the claims has no basis in the EPC.  This decision may help to...

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EPO Pauses All Proceedings that Depend on the Plausibility Referral to the EBA

A referral has been made to the Enlarged Board of Appeal (EBA), the EPO’s highest authority, in relation to whether “post-filed” (or “post-published”) evidence may continue to support the patentability of an invention that is plausible based upon the original content of the application. The EPO has now decided to...

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Significant Changes to Sequence Listings for Biotech Patent Applications Are Coming in 2022

  Sequence listings are a mysterious requirement reserved only for biotechnology patent applications that mention specific protein (amino acid) and/or gene (nucleic acid) sequences. Endless strings of As, Ts, Cs and Gs can be unintelligible, and from the perspective of the patent office, impossible to effectively search in an acceptable...

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Unified Patent Court and Unitary Patent

  Streamline infringement and validity disputes across different EU Member States On 20 July 2020, the UK officially withdrew from the proposed Unified Patent Court (UPC) system. In a parliamentary written statement in the House of Commons, it was explained that “In view of the UK’s withdrawal from the EU,...

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