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When is a Biotech Invention Completed? How Much Data is Needed?

MyriadIn the field of biotech showing that the invention works by means of providing the appropriate data can be an important part of ‘making’ the invention. At the European Patent Office (EPO) and the UK Courts not having enough data in a patent specification can lead to problems of sufficiency, support and industrial applicability. Where patentability relies on a particular technical effect then not having enough data can also lead to lack of inventive step, i.e. it has not been shown that the problem has been solved. The issue often arises in the case of patent applications that cover new treatments, though it is also relevant to other areas of biotech. (more…)

‘Expectation of Success’ as Part of Inventive Step Analysis

MyriadThis is the second in a series of articles on biotech inventions (the first article can be found here). The present article discusses ‘expectation of success’ which is often considered as part of assessment of inventive step for biotech inventions and also in other life science areas such as pharmaceuticals. Whilst this article is written from the perspective of how the test is used at the European Patent Office (EPO) and in the UK Courts, ‘expectation of success’ is also applicable in other territories. (more…)

An Overview of Biotech Patenting

MyriadThis is the first in a series of articles about biotech inventions. The articles will explore how Patent Offices deal with biotech inventions and how the demands of biotech research and financing impact on patent strategy.

The present article provides an overview of the issues that are relevant in patenting biotech inventions. (more…)

Pharma Patents UK Case Law in 2013

pharmaToday we have a guest post from Suleman Ali of Holly IP and K2 on the subject of UK Pharma caselaw in 2013. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author.  These points are gleaned from a talk by Neil Jenkins given at the CIPA Life Sciences Conference on 14 November 2013.

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10 Points on the EPO Boards of Appeal

epologoToday we have a guest post from Suleman Ali of Holly IP and K2 on the subject of the EPO Boards of Appeal. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author. There’s some interesting tidbits of information here from Appeal statistics to backlogs and from divergence between the Boards to the need to wear a tie! These points are gleaned from a talk by Alexander Clelland (ex-head of a Board of Appeal) given at the CIPA Life Sciences Conference on 14 November 2013.

10 Points from IPO Patent Decisions in 2013

cipalogoIn his final post reviewing a CIPA event on 27 November 2013  Suleman Ali of Holly IP and K2 looks at UKIPO decisions in 2013. This post was originally posted on the Holly IP blog and is reproduced with the permission of the author.

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Top 10 Points from Patent Developments and Case Law in the US in 2013

cipalogoFollowing on from last year’s guest posts from Suleman Ali of Holly IP and K2 about top 10 points from UK Court Decisions and top 10 points from EPO case law in 2013 we now have Suleman’s post regarding developments in the US in 2013. This post was originally posted on the Holly IP blog and is reproduced with the permission of the author.

These points are from a talk held at CIPA on 27 November 2013 given to UK Patent Attorneys. (more…)

Top 10 Points from EPO case law from 2013 (CIPA Event 27 November 2013)

cipalogoFollowing on from last week’s guest post from Suleman Ali of Holly IP and K2 about top 10 points from UK Court Decisions in 2013 we now have Suleman’s 10 points from EPO case law in 2013. This post was originally posted on the Holly IP blog and is reproduced with the permission of the author.

These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.

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Top 10 Points from UK Court Decisions from 2013 (CIPA Event 27 November 2013)

cipalogoToday we have a guest post from Suleman Ali of Holly IP and K2. This post was originally posted on the Holly IP blog IP Trends and is reproduced with the permission of the author.

These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.

(more…)