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20 Aug 2013, 5:01 pm by oliver randl
Insofar as the European patent has not yet been granted (R 16(1)(b)) this third party may, no later than three months after the decision recognising its entitlement has become final (R 16(1)(a)), in respect of Contacting States designated in the EP application in which the decision has been taken or recognised or must be recognised on the basis of the Protocol on Recognition:(a) prosecute the EP application as its own application in place of the applicant (A 61(1)(a));(b) file a… [read post]
20 Aug 2013, 3:06 pm by Michelle Ball, Attorney for Students
  Such a letter could move the matter toward a resolution which may be more tailored to what the family wants. [read post]
14 Aug 2013, 5:01 pm by oliver randl
That requirement cannot rely on excluded (non-technical) subject matter alone however original it may be. [read post]
11 Aug 2013, 5:01 pm by oliver randl
However, such a lack of clarity can be taken into account when the subject-matter of such a claim is examined as to its novelty and inventive step.[2.5] As a consequence, the reasons invoked based on A 100(b) are not sufficient for establishing that the patent cannot be maintained on the basis of the main request. [read post]
9 Aug 2013, 7:57 am by Eric Alexander
  The court followed this with some brutally bad dicta that comment k would have been unavailable because plaintiff had an unchallenged warnings claim. [read post]
8 Aug 2013, 5:01 pm by oliver randl
This requirement ensures that the public is not left in any doubt as to which subject-matter is covered by a particular patent and which is not. [read post]
7 Aug 2013, 5:01 pm by oliver randl
First the liver tissue is comminuted and the cells are lysed at 50°C for 2 hours by addition of proteinase K. [read post]
4 Aug 2013, 5:01 pm by oliver randl
The ED denied the novelty of the subject-matter of claim 1 over the disclosure in document D1, a document relevant under A 54(3). [read post]
2 Aug 2013, 5:00 am by Doug Cornelius
At SAC, Rules Compliance With an ‘Edge’ by James B. [read post]
29 Jul 2013, 7:45 am by Schachtman
Pharmaceutical manufacturers are particularly vulnerable to securities fraud claims arising from the manufacturers’ pronouncements about safety or efficacy, the evidence for which is often statistical in nature. [read post]
25 Jul 2013, 5:01 pm by oliver randl
In the present case, the absence of explanation, both of the evidence itself and of its late production, makes matters worse. [read post]
23 Jul 2013, 5:01 pm by oliver randl
”[2] The subject matter of decision G 1/09 was a divisional application filed after a decision refusing the parent application had been rendered, but before the appeal period had expired. [read post]
21 Jul 2013, 5:01 pm by oliver randl
Any disclosure in the description inconsistent with the amended subject-matter should normally be excised. [read post]
16 Jul 2013, 5:01 pm by oliver randl
In this case Board 3.3.02 had to deal with an appeal against the refusal of a divisional application on the ground that it extended beyond the content of the earlier application[2.1] The subject-matter of claim 1 of the main request relates toa method for producing taxanes …in cell culture of Taxus chinensis comprising:(a) cultivating in suspension culture …(b) recovering one or more taxanes from said cells or said medium of said cell culture, or both, wherein the… [read post]
16 Jul 2013, 3:06 pm by Graham Smith
  So from Bruce’s perspective as a matter of copyright law he may have acquired it lawfully, even though it was an infringing copy. [read post]
15 Jul 2013, 9:18 am by Brian Hall
§ 2701 et. seq.; 2) violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (a/k/a the Wiretap Act), 18 U.S.C. [read post]
10 Jul 2013, 5:01 pm by oliver randl
After some hesitation, the Board decided to admit the new objection under A 53(b) and then pursued:A 53(b) – substantive aspects[13] In the area of plant breeding, A 53(b) provides for two exceptions from patentability. [read post]