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 …
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 December 31, …
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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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The Federal Court of Justice is 1-1 in Granting Applications for Compulsory Licenses in Germany
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 …
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, …
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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 …
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