Case reported and summarised by Gregory Bacon, Bristows LLP Mr Justice Carr has issued an interesting interim judgment regarding the jurisdiction of the English Court to grant negative declarations in relation to patent applications before the EPO (Fujifilm Kyowa Biologics v Abbvie Biotechnology [2016] EWHC 425 (Pat)). The case concerns an application by Fujifilm Kyowa…

The longstanding social unrest at the European Patent Office (EPO) seems to be heading for a climax. After years of tensions and conflicts with the trade unions, Boards of Appeal and others, EPO president Benoît Battistelli, criticized for his ‘tyrannical’ leadership, has now lost the crucial support of Jesper Kongsted, chairman of the EPO’s Administrative…

In a decision to refund an additional search fee, an EPO board rejected a determination of non-unity based on a priori technical differences, which determined different problems solved by different dependent claims without determining patentability with respect to the available prior art found for the independent claim. Instead, lack of unity should be decided based…

On Friday 22 January 2016, the annual ERA (Academy of European Law) conference on the Unitary Patent took place in Brussels. Regarding the agreement reached on the renewal fees, Clemens Heusch, head of European litigation at Nokia, explained that although Nokia currently has more than 30,000 (!) patent families in its patent portfolio, he finds…

By Klemens Stratmann Currently, the parties involved in appeal proceedings before the EPO see a clear trend towards decisions rendered on formal grounds. If the patentee files new requests along with the statement setting out the grounds of appeal without sufficiently addressing the decision per se, he runs the risk that the appeal is held…

by Dominic Adair Post-grant opposition of patents is clearly a dangerous business. On opening the final panel session in the programme for AIPPI’s 2015 World Congress in Rio – titled “post-grant oppositions: a game changer?” – moderator Márcio Merckl from Abreu, Merkl e Advogados Associados in Brazil provided the dramatic news that not one but…