Category: News from Abroad

By David Schwartz* and Jeff Leuschner** On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I.  This is one of the last steps necessary for implementing significant changes to Canada's patent law, which are expected to come into force in 2019. There will be many changes…

    The following article was reprinted with permission from J A Kemp. The European Patent Office (EPO) applies the same basic patentability criteria to antibodies as to other inventions, but it can sometimes appear that antibodies are treated as a special case.  For an explanation of the basic approach adopted by the EPO, please see our…

By Antony Craggs* — The therapeutic methods exclusion is often problematic to navigate.  In T 0699/12, the Technical Board of Appeal (TBA) of the European Patent Office (EPO) has provided some useful guidance on its application.  In an opposition before the Opposition Division, the division held that the patent in suit (which was for a…

By Sophie Blake* — The Enlarged Board of Appeal has now released its written decision in respect of G 1/16 (T 0437/14).  This decision resolves the question regarding which standard is to be applied to determine whether an "undisclosed disclaimer" in a patent claim introduces added subject-matter (that is, it contravenes Article 123(2) EPC). Previously…

By Grant Shoebridge* — When the Australian High Court ruled against the patentability of isolated naturally occurring genes in the Myriad decision, a number of commentators believed that the decision would ultimately invalidate claims directed to methods involving the practical application of genes.  A recent Federal Court decision, however, has confirmed that claims directed to…

By Juan Luis Serrano* — In the first three installments of this series, we've explained the general purpose of the study, and gone through the sections of patents, marketing authorizations and strategic behavior of the study published on August 9, 2017 by the Federal Commission for Economic Competition[1].  For this fourth installment, we'll go through the…

By Adrian M Trioli* & Noelene Treloar** — The Australian Full Federal Court's recent decision in Commissioner of Patents v AbbVie Biotechnology Ltd [2017] FCAFC 129 confirms that an extension of patent term for pharmaceutical substances does not extend to Swiss type claims. The decision highlights that Swiss type claims do not fall within the…

By Juan Luis Serrano* — In the first and second installments of this series, we've explained the general purpose and the patents and marketing authorizations sections of the study published on August 9, 2017 by the Federal Commission for Economic Competition[1].  In this third installment we take a look at the sections on strategic behaviour and…

By Juan Luis Serrano* — In the first installment of this series, we outlined the general contents of the study published on August 9, 2017 by the Federal Commission for Economic Competition[1], highlighting that the Antitrust authority is calling for an overhaul of several aspects of the drug market in Mexico to promote competition.  In…

Study Suggests Several Changes to Legislation on Patents, Marketing Authorizations, and Government Procurement By Juan Luis Serrano* — In July of 2016, the Federal Commission for Economic Competition announced a broad ranging study on the entry of generic drug alternatives to the Mexican market, both for private purchasing and government procurement.  The results of this…