The Situation: A recent decision by the Enlarged Board of Appeal of the European Patent Office confirmed that a 2011 ruling dealing with disclosed disclaimers does not overrule its 2004 decision applying to undisclosed...more
In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more
7/17/2017
/ Biologics ,
Biotechnology ,
EU ,
European Commission ,
European Patent Convention ,
European Patent Office ,
Genetically Engineered Animals ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Plant Patents ,
Product Exclusivity ,
Subject Matter Conflicts ,
The Enlarged Board of Appeals
Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more
3/16/2017
/ EU ,
European Patent Convention ,
European Patent Office ,
Novelty ,
Paris Convention ,
Patent Portfolios ,
Patents ,
Priority Date Cutoff ,
Priority Patent Claims ,
Subject Matter Conflicts ,
The Enlarged Board of Appeals