Broad Institute wins CRISPR Appeal


This week saw the latest instalment in the now infamous multijurisdictional CRISPR patent war between two heavyweight academic institutions, the Broad Institute and the University of California - a win at the Court of Appeal for the Federal Circuit (CAFC) for the Broad Institute. With the possibility of a further appeal to the Supreme Court seemingly unlikely, this particular battle seems to be over, but the war rages on in Europe.

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Novelty of overlapping ranges before the UK Courts - Jushi v OCV


The use of numerical ranges in patent claims is common in many technological fields. The question of novelty of a numerical range over a range disclosed in the prior art is often faced and, in particular, the situation where ranges overlap. A recent decision handed down by the UK Court of Appeal highlights how the jurisprudence of the UK Courts and the Boards of Appeal of the European Patent Office have developed differently in this area.

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Don't treat a subject; treat a disease


How closely must the language of a subsequent medical use claim match the language approved by the European Patent Office (EPO)? The revocation of a European patent during Opposition suggests the EPO may be tightening practice in this area. An Opposition Division has insisted that claims primarily referring to treating a subject, rather than treating a disease, are not limited to treatment of the disease.

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Computer says no – AI given powers in Australian draft IP legislation


We were very intrigued recently when our friend at the UKIPO, James Porter, alerted us to an interesting part of some draft legislation in Australia. In short, the legislation would give the power to make decisions on behalf of the patent office.

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Accelerated examination of SPCs in the UK


The European Commission recently announced a proposal to amend the relevant legislation governing Supplementary Protection Certificates (SPCs). SPCs provide patent term extension for certain medicines and agrochemicals which need to undergo regulatory approval before being placed on the market. The proposed amendment provides for a “manufacturing waiver exemption” for SPCs which provides for a derogation from SPC protection for firms which manufacture in the EU for export to non-EU states during the term of the SPC.

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We currently have 2 exciting roles within our business support function in our London HQ


We are hiring an IT Trainer and Marketing & BD Manager.

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LexisNexis - Trade Mark Directive 2015 - next steps towards implementation


Carrollanne Lindley, partner and head of the trade marks group spoke to LexisNexis about the government’s proposed amendments to the Trade Marks Act 1994 in order to implement the new EU Trade Mark Directive. Carrollanne says revisions to the final version of the implementing statutory instrument show the government’s recognition of the value of maintaining a general consistency with EU law as an aid to interpretation for business and practitioners going forward, particularly in a post-Brexit interregnum.

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A glass half-full: a chance to improve SPCs post-Brexit?


The United Kingdom (UK) government is currently pursuing its stated policy of leaving the European Union (EU). Negotiations between the remaining 27 EU member states (the EU-27) and the UK are ongoing. In the current version of the draft Withdrawal Agreement between the EU-27 and the UK of 19 March 2018 transitional provisions are made for Supplementary Protection Certificates (SPCs) in Article 56. However, as of the time of writing it is not known whether the actual text of Article 56 had been agreed to by the parties.

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UK doubles down on Unitary Patent system


Following the surprise ratification of the Unified Patent Court Agreement by the UK on World IP Day 2018, a new Brexit white paper published last week confirms that the UK intends to explore how it can stay part of the UPC Agreement after the UK leaves the EU on 29 March 2019.

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A Tale of Two Dasatinibs


Things could be looking up for Bristol-Myers Squibb after a tumultuous year that saw the EPO Board of Appeal confirm the revocation of EP1169038, a patent protecting the successful cancer drug dasatinib (Sprycel®). This decision (T488/16) raised eyebrows in February 2017 when the Board of Appeal ruled that in the complete absence of any activity data, the patentee was unable to shift the burden of proof to show the technical effect was plausible at the time of filing and therefore refused to admit the post-filed data that could have corroborated an inventive step.

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