Michael Bech Sommer
EPO’s highest legal authority to decide if post-published data can support inventive step
By Michael Bech Sommer | Posted on August 17, 2021
The European Patent Office’s (EPO) highest legal authority, the Enlarged Board of Appeal, is about to be referred questions from the Board of Appeal (BoA) on whether data produced after the filing date of a patent application (post-published data) can be used as the sole basis to support the inventive step of a claim. Essentially,...
Tags: BoA, data, EPO, patents, post-filing data
What patent protection does Gilead’s COVID-19 treatment Remdesivir have?
By Anders Heebøll-Nielsen, Michael Bech Sommer | Posted on April 30, 2020
On 29 April 2020 Gilead announced that its drug Remdesivir has a positive effect in the treatment of COVID-19 from a phase three trial of the drug. The investigation was so successful that for ethical reasons it was “unblinded” – the effect observed was so significant that retaining the group on placebo would prevent those...
Tags: applications, Coronavirus, COVID-19, Gilead, IPR protection, patents, PCT, Remdesivir
The Indian Jungle – an IP perspective, part 2
By Michael Bech Sommer | Posted on March 10, 2015
To foreign applicants filing a patent application in India takes place “at the IPO”, but in reality there is a choice of venue which is not trivial. The Indian patent office (IPO) is headquartered at Kolkata (formerly known as Calcutta) with branches in Chennai (formerly Madras), New Delhi and Mumbai (formerly Bombay). The office of...
Tags: compulsory license, India, Patent
The Indian Jungle – an IP perspective, part 1
By Michael Bech Sommer | Posted on February 27, 2015
“Now these are the laws of the jungle, and many and mighty are they…” – Rudyard Kipling wrote these lines over 100 years ago in his “Law for the Wolves” from the famous Jungle Book. As IP practitioners we are constantly reminded of the complex nature of today’s Indian IP jungle and the many and...
The UPCA Opt-in/Pin-out scenario
By Michael Bech Sommer | Posted on December 16, 2014
The Unified Patent court agreement (UPCA) has been ratified in 2014 by both Denmark and Sweden, so even if the actual advent of the unitary patent and UPC is still some way off, potential patent rights holders in the two countries should already now prepare for the new regime. The coming into force of the...
Tags: Europe, European patent, unified patent court, unitary patent
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