Change of Rules 27 and 28 regarding patentability of plants and animals at the EPO

A key change has recently been implemented under European Patent Law in order to exclude from patentability, plants and animals “exclusively” obtained by essentially biological processes. Under the European Patent Convention plants and animals are patentable as long as they are not confined to a particular plant or animal variety. However, newly implemented rules (Rules… Read more »

Reforms to the UK legislation relating to Unjustified Threats actions

The Intellectual Property (Unjustified Threats) Bill received Royal assent on 27 April 2017 and the Intellectual Property (Unjustified Threats) Act 2017 will come into force in October 2017. A discussion of the Bill was reported here. The Bill has been accepted without amendment. This new law harmonises the UK law relating to unjustified threats relating… Read more »

Wrong number for Napp Pharmaceuticals in UK Buprenorphine infringement cases

Background Napp Pharmaceuticals (Napp) is the proprietor of a European (UK) patent, EP2305194B (the Patent), which provides protection for transdermal buprenorphine patches. Napp have marketed buprenorphine patches under the trade name “BuTrans®” since 2005. Both Sandoz and Dr Reddy’s were preparing to launch generic transdermal buprenorphine patches in the UK, but Sandoz were the first… Read more »

Then & Now – Brexit

Then and now: EU trademarks in the UK With Brexit looming, Partner and Registered Trade Mark Attorney Rachel Havard looks back at the UK trademark profession’s relationship with Europe and considers what the future might hold. In 1996, there was a buzz of excitement in the UK trademark attorney profession as we prepared and filed our very… Read more »

Paclitaxel SPC bound to fail

Background The period that elapses between a patent being granted for a new medicinal product and a marketing authorisation being obtained for the product is often too short to allow a patentee to cover their investment. Supplementary protection certificates (SPCs) are intended to compensate patentees for the investment necessary to place a new medicinal product… Read more »

February Focus on China

Article 3 Similarity of goods and services As discussed in the last article in this series, Chinese sub-classification system, in China goods and services are grouped into sub-classes. These sub-classes are important when the Chinese Trade Marks Office or the Trade Marks Review and Adjudication Board (TRAB) needs to make a decision regarding whether goods… Read more »