Fewer IPR petitions are instituted against biotech and pharma patents, and there is a higher survival rate of instituted claims in final written decisions compared to all technical fields combined. Melissa Gibson and Ruben Munoz of Akin Gump analyse the statistics.
The patentability of any claims directed to the use of CRISPR technology in human embryo-like structures and human reproductive cells is far from certain, as Duncan Ribbons and Maeve Lynch of Redd explain.
Philip Webber, partner at Dehns Patent & Trademark Attorneys, looks at the clarity of the language used in the Broad Institute of MIT and Harvard’s granted European patents for the CRISPR technology and questions whether it satisfies the European Patent Office’s requirements.
Being both an innovator and a generic drug company gives Teva a good view of the patent litigation landscape, as Galit Gonen, general counsel, Teva Europe, tells LSIPR.
Patent examiners not only have to tackle legal questions, but in cases of inventions directed to genetically modified animals they must consider moral issues too. This forms part of a wider controversial debate surrounding animals and patents. LSIPR reports.
UK court decisions in Warner-Lambert v Actavis seek to define second medical use patent rights, and the recent full trial ruling provides some early guidance on the ‘reasonable foreseeability’ test concerning patent use, says Steve Smith of Potter Clarkson.
The life sciences sector in the UK is booming, as delegates at October’s BIA forum heard. Jane Wainwright of Potter Clarkson reports.
The Dutch lobby to amend Directive 98/44/EC on the legal protection of biotechnological inventions will severely damage the ability of the biotech sector to innovate—and for no tangible reason, says Annemiek Verkamman of HollandBIO.
The CJEU’s decision on how an SPC term is to be determined is likely to be welcomed by applicants and owners, but the court has left them to work out how to apply the ruling, say Natalia Wegner-Cribbs and Daniel Wise of Carpmaels & Ransford.
Supplementary protection certificates should take effect once an applicant for marketing authorisation has been notified of the authorisation, an advocate-general has urged the Court of Justice of the European Union to confirm.