The Background: There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art. The Technical Boards of Appeal of the European Patent Office ("EPO") referred...more
The Enlarged Board of Appeal of the European Patent Office has decided that the exclusion from patentability of essentially biological processes for the production of plants or animals now also extends to plant or animal...more
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