The Senate or ‘Eerste Kamer’ of the Parliament in the Netherlands approved the Unified Patent Agreement on 28 June 2016 without discussion. Two weeks ago, the Dutch Second Chamber, ‘Tweede Kamer’, had already ratified the UPCA. It isn’t clear when the Netherlands will complete the formal procedure by depositing its instrument of ratification with the General…

With many others, the European IP community is in shock after yesterday’s UK referendum. Though polls had indicated it was impossible to predict whether ‘Remain’ or ‘Leave’ would prevail, somehow it was difficult to believe the UK would really turn its back on the European Union. For European patent specialists, it is hard to accept that…

A Brexit would be harmful for Europe and a Unitary Patent system without the UK would be less appealing for Europeans as well as Americans and Asians. Most industries cannot afford that their products are only marketed in the UK and not in the other 24 UPC countries, so the system may still be quite…

This author began his career in patent litigation in 1996. In those days, a solicitor’s role was confined largely to the preparation of trials in the English Patents Court. Huge amounts of time were spent on discovery – searching and reviewing a client’s documents, followed by reviewing the opponent’s documents and invariably complaining to the…

In a recent decision rendered by the Danish Maritime & Commercial Court (the “MCC”), Novartis successfully defended its position that even if the patent-in-suit had been invalidated by the EPO Opposition Division, there were no grounds to lift a PI as the patent-in-suit (DK/EP 2 292 219 – Rivastigmin) must be upheld as valid and…

The Board of Appeal held that “Biogen insufficiency”, the situation in which the full extent of the monopoly claimed exceeds the technical contribution to the art, is not a distinct ground for invalidity from “classical insufficiency”. Further, the fact that a skilled person is not able to carry out the invention without using the disclosed…