Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: News from Abroad
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By Devanand Crease — The Court of Justice of the European Union has issued its final verdict in the case of Bruestle v Greenpeace (C‑34/10) and has finally put an end to the long running saga of whether or not human embryonic stem (ES) cells can be subject to patent protection in Europe. The case…
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By Juan Serrano — The Federal Commission for Protection Against Sanitary Risks (COFEPRIS) is the Mexican equivalent of the U.S. Food and Drug Administration (FDA). For the past three years this Commission was headed by Miguel Angel Toscano, who had previously held a position at the Ministry of Economy. Mr. Toscano's exit from COFEPRIS has…
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By Catherine Lemay — Canada's Data Protection regime was upheld by the Federal Court of Appeal on December 9, 2010 (see Apotex Inc. v. Canada (Health), 2010 FCA 334). In a unanimous decision penned by Justice Nadon, the Court found the regime was a proper delegation by the Canadian Parliament to the Governor in Council…
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By Alejandro Luna — On Friday, August 13, 2010, the Mexican Trademark and Patent Office (IMPI) made available through its website the new edition of the Linkage Gazette (Mexican health and IP law regulations require IMPI to publish a gazette every six months listing patents in force that cover allopathic drugs). Regrettably, IMPI decided to…
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By Juan Serrano — Following up on the note for future regulations to approve biotechnological drugs in Mexico (see "Mexico to Issue Regulations for Approval of 'Biocomparable' Drugs"), documents with comments have been uploaded to the official website of the Federal Commission for Regulatory Improvement (COFEMER). The first of these documents is an official communication…
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By Ignacio Sanchez Echagüe — The Argentine Patent Office (Instituto Nacional de la Propiedad Industrial, INPI) has issued Regulation No. 147/2010, which restricts the ability of applicants to file divisional applications once substantive examination has begun. The regulation, which went into effect on July 16, 2010, allows applicants to file divisional applications until notice…
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By Juan Serrano — The Mexican General Health Law was reformed on June 11, 2009 to include an article 222 bis, which defined biotechnological drugs, and allowed for the approval of "biocomparables." The decree came into force on September 8, 2009, and the Ministry of Health had a 180-day period to issue all specific…
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By Devanand Crease — The much anticipated ruling in Monsanto Technology v Cefetra (Case C-428/08) has now issued and confirms the earlier indications that within the European Union (EU) patent protection for gene sequences only extends to material in which the patented gene is actually performing its function. In Monsanto's case (European Patent No.…
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By Juan Serrano — On June 18, 2010, a decree was published in the Federal Official Gazette, reforming several provisions of the Mexican IP law related to patent practice. The main amendments are the following: a) The industrial application requirement for patentability was modified to include a need to demonstrate the possibility of "practical utility"…
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By Damian Slizys — Following the discussion in Patent Docs of the Australian Senate's gene patent inquiry last December (see "Gene Patenting: Australian Potpourri"), we now expect the findings of the Senate enquiry to be set down on 17 June 2010, following two extensions of time. The inquiry was allegedly initiated, in part, because…
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