Pharmaceuticals

The slow and continuing expansion of the Bolar Exemption

Bolar Exemption - Ampoules

The initial Experimental Use Exemption Acts done for experimental purposes relating to the subject matter of the patented invention have long been provided for as an exemption to patent infringement across the majority of European countries, i.e. those who have adopted the provisions of the Community Patent Convention in their laws.  In the UK this… Read more »

UK Joins CPTPP and Secures Exemption from Grace Period Requirement

Good news for UK businesses, the UK Government has agreed a deal to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with a well-negotiated exemption. The CPTPP is a free trade agreement between 11 countries, which reduces trade and investment barriers between members by eliminating tariffs and establishing common rules. The Agreement includes… Read more »

Important Change to “Ten Day Rule” of the EPC

Author: Leonita Paulrja   On 14 October 2022, the Administrative Council of the European Patent Office (EPO) voted to remove the ‘ten day rule’ under Rule 126(2) EPC. Under current EPO practice, unless it can be shown to be later, a notification is deemed to be made ten days after the date shown on the communication (even… Read more »

EPO announce Video Conference as default format of Oral Proceedings

EPO President António Campinos has announced that from 1 January 2023 video conference (VICO) will be the default format of Oral Proceedings before the examining and opposition divisions, the Legal Division and the Receiving Section.   Oral Proceedings “…may be held on the premises of the European Patent Office, either at the request of a… Read more »

UKIPO issues guidance on protecting AI innovations

In September 2022, the UK Intellectual Property Office (IPO) published guidelines setting out the practice within the IPO for the examination of patent applications for inventions relating to Artificial Intelligence (AI). This guidance follows the government’s response to a call for views on AI and intellectual property, which committed the IPO to publish these enhanced… Read more »

Re-designing the system – the UK IPO consults on the future of UK design protection – all questions answered by the government*! *not

I reported on the post-Brexit consultation launched by the UK government into the design system here, and the government’s response was recently published here. This article looks at the main conclusions offered in the government response.  If you were envisaging that the response would set out a clear plan for the reform of the system… Read more »

Music as a pharmaceutical alternative

“After silence, that which comes nearest to expressing the inexpressible is music.” The words of Aldous Huxley depict the unique ability of music to convey emotion and summon an instinctual sentimental response within us all. Although many believe this to be an ineffable reaction which defies scientific explanation, a growing body of research appears to… Read more »

Freedom to Operate – Understanding the risks

Freedom to Operate – Understanding the risks   There are many factors to be considered for a project developing a new product or process, but Freedom to Operate should not be overlooked. What is Freedom to Operate? Freedom to Operate, or “FTO”, is the ability to carry out commercial plans without infringing third party Intellectual… Read more »

Prosecuting green patents around the world

Prosecuting green patents around the world The UK Intellectual Property Office (UK IPO) launched the Green Channel in 2009. The Green Channel is a scheme which allows applicants to request accelerated prosecution of patent applications directed to an invention which has an environmental benefit. Since the launch of the green channel in the UK, a… Read more »

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