Insights
Claiming a non-therapeutic use with inseparably associated therapeutic effect
By AWA | Posted on January 9, 2012
A use of a substance or composition for the treatment of humans by therapy is excluded from patentability according to the EPC Article 53(c). However, claiming a non-therapeutic use of a substance or composition may still fall under this same exclusion if the non-therapeutic use is inseparably associated with a therapeutic use. This was confirmed...
Court of Justice of the EU confirms zero or negative duration for SPCs
By Sidsel Hauge | Posted on December 13, 2011
On 8 December 2011, the Court of Justice of the European Union (CJEU) issued its judgment in case C-125/10 (“Merck”). This case concerns the duration of a Supplementary Protection Certificate (SPC) according to Article 13 of the SPC Regulation EG/469/2009. Summary of the case Merck applied for a SPC for the product Sitaglipin under conditions...
Tags: CJ, ECJ, Patent, Pharmaceuticals, SPC
Focus on China
By Niklas Mattsson | Posted on November 18, 2011
The fact that China is growing in importance is well known. To Awapatent, this growth is visible in our day-to-day work, both from the questions we get about IP in China from our European clients, and from the growing demand for our services as a European firm for Chinese clients. Naturally, we make it a...
Don’t be in the wrong room!
By AWA | Posted on November 14, 2011
Someone once said that “if you are the smartest person in the room, you are in the wrong room”. Here at Awapatent, as long as you’re not alone at the office, the risk of being in the wrong room is small. This comes as no surprise if you know something about the work at an...
Busy weeks of practice
By AWA | Posted on November 4, 2011
This is now the third week of the first practice period at the home office. Now I find myself thinking about IP everywhere I go; when I see a logotype, when I see a clever invention, even when I see the tiny TM-mark after a company name. I am becoming someone who must tell her...
Cooperative Patent Classification – a new patent classification system
By Troels Peter Rørdam | Posted on November 2, 2011
Everybody who ever conducted patent litterature searches knows the problems arising from the very different criteria for classifying patents in the respective patent classification systems used in Europe by the EPO, ECLA (European CLAssification), and in the USA by the USPTO, USPC (US Patent Classification. Fortunately the solution is nearby! The EPO and the USPTO have...
Patentability of inventions relating to human embryonic stem cells
By AWA | Posted on October 20, 2011
The Court of Justice of the EU (CJEU) has recently issued a decision clarifying the situation on patentability, in Europe, of inventions relating to human embryonic stem cells. In the decision it is declared that the concept of a “human embryo”, the exploitation of which is excluded from patentability according to the EU Biotechnology Directive...
Tags: awapatent, CJ, EPO, Patent, Stem cells
“There is so much more to learn …” – first report from our Specialist programme
By Joanna Applequist | Posted on October 14, 2011
It is peculiar how all of a sudden all news media and even friends and family seem to discuss patents and intellectual property rights… Samsung vs. Apple (R.I.P. Steve Jobs), America Invents Act and EU-patents. Perhaps it is because when you start to work within a new field, you tune in things that used to...
Tags: awapatent, eu-patents, specialist programme, technology
EU patent to pave Europe’s way out of crisis
By Vibeke Warberg Rohde | Posted on October 13, 2011
On 12 October 2011 the European Commission presented a so-called “Roadmap for stability and growth” outlining the response that they believe is needed to get Europe out of the current economic crisis. The roadmap includes five areas of action, four of which relate to financial and economic issues, including of course the problems currently encountered...
Patent Prosecution Highway – Sweden and NPI entering the PPH-network
By Troels Peter Rørdam | Posted on September 27, 2011
As I mentioned in my blog entry of 19 september, the number of PPH-agreements has increased, introducing new possibilities for accelerated prosecution. Sweden’s Patent- och Registreringsverket and Nordic Patent Institute entering the PPH-network Three new patent offices have entered the PPH-network. The three new offices are PRV (Sweden, PCT-PPH with JPO and USPTO), The Nordic...
Tags: awapatent, European Patent Attorney, JPO, Nordic Patent Institute, PPH, PRV, USPTO
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