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21 Jan 2019, 4:21 am by Miquel Montañá
The Explanatory Memorandum cited in footnote 25 a long study commissioned from the Max Planck Institute by the EU Commission, where the author of the relevant chapter wrote that “Article 27 TRIPS provides for specific features that define the subject matter of a patent, and distinguish the latter from other categories of rights covered by the Agreement. [read post]
18 Jan 2019, 2:55 am by Kluwer Patent blogger
  However, it is clear that for so long as the UK is in the EU it can participate. [read post]
14 Jan 2019, 11:58 am by Philip Bobbitt
This seems to go a long way to meet my prudential concerns while responding to the ethical points made by critics of my views. [read post]
7 Jan 2019, 6:21 am by Kluwer Patent blogger
Those practitioners who have studied the development of the law of patent construction in the UK, or who have been in the field for a long time, will recall that pre-Improver (decided in 1989), in Catnic (decided in 1982), and in several House of Lords cases pre-Catnic, the Courts decided that the first question should be to identify what the patentee had described as the essential features of the invention. [read post]
3 Jan 2019, 5:21 am by Oswin Ridderbusch
This judgment of the Swiss Federal Supreme Court provides long-awaited clarity (and relief) for holders of Swiss SPCs who had to make use of reestablishment of rights in the course of the prosecution of the SPC. [read post]
22 Dec 2018, 6:17 am by William Ford
In response Laurence Tribe’s argument that a sitting president can be indicted, Philip Bobbitt asserted the opposite. [read post]
21 Dec 2018, 9:50 am by Rachel Brown
  Laurence Tribe defended the position that the Constitution allows for a sitting president to be indicted. [read post]
21 Dec 2018, 3:24 am by Sam Jones
  Inventions involving AI and machine learning will be patentable so long as they are described and claimed in the context of operation in a technical system or control of a technical process. [read post]
20 Dec 2018, 6:09 am by Philipp Widera
To cut a long story short, he has not seen the need for the numerous referrals to the CJEU since Medeva (C-322/10) was handed down. [read post]
14 Dec 2018, 12:23 pm by Kluwer Patent blogger
The EPO Guidelines for Examination (G-VII, 5.1) have long recognised that “In some cases there are several equally valid starting points for the assessment of inventive step… If a patent is to be granted, it may be necessary to apply the problem-solution approach to each of these starting points in turn. [read post]
11 Dec 2018, 7:12 pm by Anders Valentin
More from our authors: Vissers Annotated European Patent Convention by Derk Visser, Laurence Lai, Peter de Lange, Kaisa Suominen€ 105 Patent Law Injunctions by Rafal Sikorski€ 181 [read post]
6 Dec 2018, 12:21 am by Kluwer Patent Blog
These publishers have long had both copyright and sui generis database IP protection for these contents. [read post]
6 Dec 2018, 12:21 am by Kluwer Patent blogger
These publishers have long had both copyright and sui generis database IP protection for these contents. [read post]
14 Oct 2018, 9:01 pm by Dean Falvy
Ironically, he takes aim at his Harvard Law School colleague Laurence Tribe, who (together with co-author Joshua Matz) argued in To End a Presidency: The Power of Impeachment (2018) for a broad construction of the impeachment power, while cautioning against its premature use. [read post]
17 Sep 2018, 7:15 am by Ilya Somin
The symposium includes pieces by various prominent legal scholars and commentators, including Laurence H. [read post]
4 Sep 2018, 9:01 pm by Michael C. Dorf
In dueling Harvard Law Review articles in 1995, Professor Laurence Tribe debated these issues with Professors Bruce Ackerman and David Golove. [read post]
30 Aug 2018, 5:47 am by Bob Ambrogi
It will be a long time, I suspect, before I get this new show to those numbers. [read post]
14 Aug 2018, 11:38 am by Aaron Nielson
Kavanaugh (joined by Judge Laurence Silberman) concluded there was no standing, explaining (among many other points; this one should be read in full) that “mere personal offense to government action does not give rise to standing to sue. [read post]