Insights

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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...

Tags: claim, EPC, technical board of appeal

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...

Tags: china, IP, Patent

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...

Tags: classification system, Europe, Patent, USA

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...

Tags: awapatent, EU, EU patent, European Patent Attorney

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

Recent contributors

Laura Stravinskaite

Laura Stravinskaite

Senior Associate, Attorney at Law

Ai-Leen Lim

Ai-Leen Lim

Partner, Attorney at Law, Group Vice President

Ashley Zhao

Ashley Zhao

Partner, Attorney at Law, Business Area Manager

Troels Peter Rørdam

Troels Peter Rørdam

Senior Counsel, European Patent Attorney

Mikkel Roed Trier

Mikkel Roed Trier

Partner, European Patent Attorney, UPC Representative, Business Area Manager