On June 4, 2019, the tenth senate of the Federal Court of Justice (FCJ) confirmed the German Federal Patent Court’s (FPC) rejection of an application for a preliminary compulsory license to Amgen’s European Patent No. 2 215 124 (the ‘124 …
Category: Uncategorized
Important Revisions to Japanese Patent Law – Improvement to Patent Litigation System
A bill revising Japanese Patent Law (as well as other laws) was passed by the Diet (Japan’s bicameral legislature) on May 10, 2019 and promulgated on May 17, 2019. Purpose of the revisions As a result of the digital revolution, …
Read More "Important Revisions to Japanese Patent Law – Improvement to Patent Litigation System"
Israeli Patent Office Clarifies Patent Term Eligibility for Antibodies
On April 16, 2019, the Israeli Patent Office (IL PTO) held that an antibody targeting the same antigen as an antibody previously approved for patent term extension (PTE) was eligible for its own PTE provided that primary structural differences existed …
Read More "Israeli Patent Office Clarifies Patent Term Eligibility for Antibodies"
Indian Government’s Proposal to Amend Patent Rules 2003 Will Impact Examination and Opposition Procedures
On December 4, 2018, India’s Department of Industrial Policy and Promotion, Ministry of Commerce and Industry published Draft Patent (Amendment) Rules, 2018 (Draft Rules) for comment. These Draft Rules seek to amend the Patent Rules, 2003. Key highlights of the …
Clarification on Obviousness-Type Double Patenting? The Federal Circuit Issues Two Decisions in One Day
On Friday, December 7, 2018, the Federal Circuit issued two important decisions involving obviousness-type double patenting. In the first decision, Novartis Pharmaceuticals Corporation v. Breckenridge Pharmaceutical Inc., the Court addressed the question of whether a patent filed after June 8, …
Proposed Revisions to the Canadian Patent Office’s Examination Guidelines on Pharmaceutical Solid Forms
The Canadian Patent Office (CPO) is seeking comments on its proposed revisions to Chapter 17 of the Manual of Patent Office Practice (MOPOP) as it relates to pharmaceutical solid forms (namely, polymorphs, salts, hydrates, solvates, desolvates and co-crystals). In this …
Brazil Implements Patent Prosecution Highway with the United Kingdom – Opportunities for Biotechnology Applicants
On July 24, 2018, the Instituto Nacional da Propriedade Industrial (INPI) published Rule #222/2018 implementing the Patent Prosecution Highway (PPH) Pilot program (PPH program) with the United Kingdom patent and trademark Office (UKIPO). Implementation of this PPH program may expedite …
Tadalafil Patent Found Valid by Danish Maritime and Commercial High Court
Eli Lilly and Company (Eli Lilly) globally markets its product tadalafil (Cialis®) a PDE5 inhibitor, for use in the treatment of erectile (or sexual) dysfunction as well as for treating the signs and symptoms of benign prostatic hyperplasia. Tadalafil is …
Read More "Tadalafil Patent Found Valid by Danish Maritime and Commercial High Court"
USTR 2018 Special 301 Report – Priority Watch List Country – China
In April, the Office of the United States Trade Representative (USTR) released its 2018 Special 301 Report (the Report) identifying trading partners that do not adequately or effectively protect and enforce intellectual property (IP) rights or otherwise deny market access …
Read More "USTR 2018 Special 301 Report – Priority Watch List Country – China"
USTR 2018 Special 301 Report – Priority Watch List Country – India
In April, the Office of the United States Trade Representative (USTR) released its 2018 Special 301 Report (the Report) identifying trading partners that do not adequately or effectively protect and enforce intellectual property (IP) rights or otherwise deny market access …
Read More "USTR 2018 Special 301 Report – Priority Watch List Country – India"