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Problematic Priorities

In the last few months, the European Patent Office has decided that the priority claim of a number of pending patent applications and granted patents was invalid. In this article, Parminder Lally looks at the reasons behind these decisions and the consequences, and provides tips on how to avoid priority issues on your own patent applications.

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Further uncertainty for biotech/agritech patent applicants

Are products exclusively obtained by essentially biological processes patentable at the EPO?

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Patenting Mobile Apps

Richard Bray and Samuel Bird discuss the patentability of mobile apps.

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Eli Lilly v Genentech

Eli Lilly v Genentech: the question of SPCs based on third party MAs is referred to the CJEU.

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Patentability of products obtained from biological processes

After years of controversy, the Technical Board of Appeal (TBA) of the EPO has recently decided that products obtained by essentially biological processes can be patent protected (T1063/18).

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Missing the target with functional claim language

What’s the problem with ‘functional limitations’?

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New Guidance on Patent Eligibility in the USA

The United States Patent and Trademark Office (USPTO) recently announced revised guidelines for evaluating patent applications for subject-matter eligibility. The new guidance took effect from 7 January 2019, with the aim of helping the 8,500 patent examiners and administrative patent judges at the USPTO make clear and consistent decisions concerning inventions which are on the borderline of the patent system.

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A tale of broccoli, tomatoes and peppers

After years of controversy, the Technical Board of Appeal (TBA) of the EPO has recently decided that products obtained by essentially biological processes can be patent protected

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Warner-Lambert feels the pain in the Supreme Court

In a recent decision (Warner-Lambert Company LLC v Generics Ltd t/a Mylan and Actavis Group), the Supreme Court has rejected an appeal by Warner-Lambert against a High Court and subsequent Court of Appeal decision regarding the invalidity and infringement of their patent.

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SPC you later to drug-device combinations

On 25 October 2018 the Court of Justice of the European Union (CJEU) handed down its judgment on the case C-527/17 relating to supplementary protection certificates (SPCs) for drug-device combination products. In brief, the CJEU decided that the drug-device combination product in question was not eligible for an SPC. This article considers the background and implications of the judgment.

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A Patent Guide to Christmas Day

Christmas Day is just around the corner, and here at Appleyard Lees we have accumulated some of the best IP ever published to help you enjoy the holidays and have the perfect festive season. Relax as we take you through your perfect patent-filled Christmas day.

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