divisionals
European Commission reports show misuse of divisionals can in itself contravene EU law
By Mikkel Roed Trier | Posted on January 28, 2025
In November last year, I was interviewed about the European Commission’s €462.6 million fine against pharmaceutical giant Teva and what it could mean for European patent practices. In short, the European Commission fined Teva for artificially extending patent protection by pursuing divisionals and spreading misleading information about a competing product to hinder its market entry...
Interview: Will patent filers have to change practices after European Commission’s €462.6 million fine against big pharma’s Teva?
By AWA | Posted on November 26, 2024
The European Commission recently fined pharmaceutical giant Teva €462.6 million for artificially extending patent protection by pursuing divisionals and spreading misleading information about a competing product to hinder its market entry and uptake. Margrethe Vestager, the Commission’s Executive Vice-President in charge of competition policy, commented that the decision “reaffirms the Commission’s commitment to competition enforcement...
Filed under: Insights, Interviews
Tags: antitrust, competition, divisionals, EU, patents, Teva
Is the era of cascading divisionals coming to an end?
By AWA | Posted on October 6, 2009
Filing a divisional used to be a common procedure before oral proceedings as well as before grant of a patent. But for European applications this possibility has now been drastically restricted, and new rules concerning divisionals (rule 36 EPC) will be in place from April 1, 2010. Until recently there were considerable uncertainties regarding the application...
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