This is the seventh post in our 16-part series examining divisional practice in Argentina, Brazil, Canada, China, Europe, India, Indonesia, Malaysia, Mexico, Pakistan, Russia, Thailand, Saudi Arabia, Singapore, the United States, and Vietnam (in no particular order). Our first six …
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Patent Linkage in Singapore – It’s Better to be Safe than Sorry
In Singapore, Regulation 23(2) of the Health Products (Therapeutic Products) Regulations 106 (S 329/2016) (“TPR”) states that an applicant for the registration of a therapeutic product must, in its declaration, furnish to the Health Sciences Authority (“HSA”) certain information, including …
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Recent Changes Involving the Examination of Divisional Applications in Israel
Background Under Israeli patent law, a divisional patent application can be filed any time after the filing of an application until payment of the allowance fees or abandonment of the application. Specifically, divisional applications can be filed under the following …
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Filing Divisional Patent Applications in China – Part 3
This is the third post in our 16-part series examining divisional practice in Argentina, Brazil, Canada, China, Europe, India, Indonesia, Malaysia, Mexico, Pakistan, Russia, Thailand, Saudi Arabia, Singapore, the United States, Vietnam (in no particular order). Our first two posts …
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First Decision by the Federal Court of Canada Interpreting the New File Wrapper Estoppel Provision
In Canmar Foods Ltd v TA Foods Ltd , 2019 FC 1233 (September 25, 2019), the Federal Court of Canada, for the first time, interpreted the new file wrapper estoppel provision, section 53.1 of the Canadian Patent Act . The Court …
The Doctrine of Equivalents: Examination of the Law in Germany
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims of the patent as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents is generally not based on …
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The Doctrine of Equivalents: Examination of the Law in the Netherlands
In many jurisdictions, the scope of protection afforded by a patent is defined by the claims of the patent as read either literally or under doctrine of equivalents. Infringement based on the doctrine of equivalents is generally not based on …
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Are you ready for the significant changes coming to Canadian patent practice?
As many readers are aware, on December 1, 2018, the Canadian government published for public consultation an updated version of its proposed amendments to the Canadian Patent Rules ( Rules ). The consultation period ran from December 1, 2018 to …
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Good news for Biotech Innovators – Diagnostic Methods Remain Patentable in Australia
Background Sequenom, Inc. (Sequenom) sells a non-invasive test called “MaterniT® 21 PLUS” that is used to detect the presence of cell-free fetal DNA (cffDNA) in serum or plasma samples obtained from expectant mothers. The test avoids the risks of widely-used …
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Is it finally time to say goodbye to the patent backlog in Brazil?
On July 9, 2019, the Instituto Nacional da Propriedade Industrial (BRPTO) published its long-awaited rules implementing an action plan to reduce the patent backlog that has plagued the office for many years. As many readers are aware, on average, it …
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