Niklas Mattsson
Is 1 April 2023 the date for entry into force of the Unitary Patent?
By Louise Jonshammar, Niklas Mattsson | Posted on October 7, 2022
On 6 October, the UPC Preparatory team published information that they are currently planning for entry into force of the UPC Agreement on 1 April 2023, with the Unified Patent Court (UPC) opening its doors and starting to receive cases as from that date. If that plan holds, this will also be the day from...
Tags: unitary patent, UP, UPC
Are you ready for the Unitary Patent?
By Louise Jonshammar, Niklas Mattsson | Posted on May 19, 2022
The Unitary Patent and the Unified Patent Court will significantly impact the patent system in Europe. For applicants or owners of European patents, it is time to inventory your IP portfolio and strategise whether your patents are more suited to the classic European system or the upcoming Unitary Patent system. Niklas Mattsson and Louise Jonshammar...
Was this the last hurdle for German UPCA Ratification?
By Niklas Mattsson | Posted on July 12, 2021
At the end of 2020, German ratification of the Agreement on a Unified Patent Court (UPCA) looked promising as the German parliament (Bundestag) was approved with the required two-thirds majority. However, two applications before the German Constitutional Court (FCC) for preliminary injunctions against ratification delayed the final steps for the act to be promulgated. This...
Patenting Antibody and Cell Therapies – What to Do and What Not to Do
By Joanna Applequist, Louise Jonshammar, Niklas Mattsson | Posted on September 28, 2020
Antibody drugs and cell therapies are at the heart of new biotechnology science. Not only do they show great promise when it comes to curing disease and helping patients, but also in creating value and growth. Biotech companies need to protect their scientific results and the corresponding investments with strong and durable patents. This is...
Tags: antibodies, Biotechnology, cell therapies, EPO, Litigation, patents
German Court finds Unified Patent Court legislation unconstitutional
By Niklas Mattsson | Posted on March 20, 2020
Today, the court tasked with upholding Germany’s constitution, the Bundesverfassungsgericht, has issued its long-awaited decision on a complaint against ratifying the Unified Patent Court Agreement (UPCA). The Court’s decision upholds the complaint, finding that the German legislative act that ratifies the UPCA does indeed contravene the German constitution. The German Federal President is now prohibited...
UK is out of the Unified Patent Court
By Niklas Mattsson | Posted on March 2, 2020
The United Kingdom’s government has confirmed to industry publication IAM-Media that the country will not be a member of the Unified Patent Court system. A spokesperson for the government stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound...
German decision on UPC expected in early 2020
By Louise Jonshammar, Niklas Mattsson | Posted on December 4, 2019
In an interview with IP industry publication Managing IP, Justice Huber of the German Federal Constitutional Court stated that the UK’s decision to leave the EU was of no concern to him and that, depending on the time it takes him and the other judges to deliberate, it is his intention for the Court to...
CRISPR patent revoked at the EPO
By Niklas Mattsson | Posted on January 31, 2018
The CRISPR system has revolutionised the gene technology field, opening up for a multitude of genetic engineering possibilities and harbouring huge potential for the treatment of diseases. In particular, one version of the system known as CRISPR/Cas9, has been modified to edit genomes. It is commonly called a “gene scissor”, i.e. it can cut a...
Unitary SPCs in Europe after all?
By Niklas Mattsson | Posted on February 3, 2016
As readers of this blog know, we at Awapatent are actively following the exciting developments in the creation of a unitary patent system in Europe. It will be possible to obtain European patents with unitary effect in 25 countries, and we’ll have a new Unified Patent Court (UPC) for centralized patent disputes. We look forward...
Tags: EU Commission, SPC, Supplementary Protection Certificates
Myriad patent claims on breast cancer genes invalidated by US Supreme Court
By Niklas Mattsson | Posted on June 14, 2013
In a decision on 13 June, the highest court of the USA, the US Supreme Court, said the final word in the highly publicized “gene patent” case involving Myriad Genetics. The decision is available here. See our previous reports on this case here, here and here. In brief, a group of plaintiffs wanted the courts...
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