Category Archives: Non-U.S. Practice

Australian Patent Office Grapples With “Obvious To Try”

Posted on August 10, 2010 by Warren Woessner

A note from Bill Bennett of Pizzeys (Australia seems to be adopting the standard from In re O’Farrell just as the US courts are distancing themselves from it): We have previously flagged that the APO might modify their practice in … Continue reading →

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Hearing fixed for “Broccoli” and “Tomatoes” cases before the EPO Enlarged Board of Appeal, G 0002/07 and G 0001/08

Posted on February 22, 2010 by Warren Woessner

Post from Paul Cole The EPC prohibits patents for essentially biological processes and the referred questions relate to the degree and nature of human technical intervention, which is necessary for that provision not to apply.  Case G 0002/07 “Broccoli” concerns EP-B-1 … Continue reading →

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Sustained release fluvastatin formulations – The UK Court of Appeal opinion in Activis UK Limited v Novartis AG [2010] EWCA Civ 82

Posted on February 19, 2010 by Warren Woessner

Post from Paul Cole Sometimes a decision as to obviousness hinges on a single short point. In Graham v John Deere, the tipping point testimony was during cross-examination of the witness for the patentee, when he said that the allegedly … Continue reading →

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END OF AN ERA – “SWISS-FORM” CLAIMS ARE OUT

Posted on February 19, 2010 by Warren Woessner

The Enlarged Board of Appeal of the EPO issued a decision on February 19th (G02/08), that Swiss-form claims will no longer be permitted as a way to claim a “second medical use” of a bioactive agent – “The use of … Continue reading →

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