Michael Bech Sommer

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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

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