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The Board incorrectly interpreted Section 311(b)’s “prior art consisting of patents or printed publications” to encompass applicant admitted prior art, but such art may be relevant as an admission. [read post]
13 Aug 2022, 6:45 am by Bart van Wezenbeek (Millipede)
It has long been held that a prior art disclosure of a chemical compound would disclose this chemical compound in all grades of purity and that novelty could only be achieved if the claimed level of purity could not be reached in the prior art. [read post]
A nullity plaintiff who argues in the statement of claim that the subject-matter of a subordinate claim is obvious in the light of a specific prior art document, is in principle not obliged to submit further prior art documents until a deviating preliminary opinion of the Federal Patent Court if the court has pointed out in the written preliminary opinion pursuant to § 83(1) PatG that the subject-matter of the subordinate claims, as well as the subject-matter of the main… [read post]
9 Jun 2022, 4:03 am by Linda O'Brien (CCH)
Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to combine asserted prior art and would have had a reasonable expectation of success in do so. [read post]
3 Jul 2022, 11:55 pm by Matthieu Dhenne (Ipsilon)
The Court concludes that it follows from these elements, based on the general knowledge of the person skilled in the art and the state of the art at the priority date of the EP’464 patent, that the human monoclonal antibody avelumab was specifically identifiable by the person skilled in the art in the light of the teachings of the said patent, by routine experiments known and well mastered, which may be long and tedious, but do not involve an independent inventive… [read post]
23 Nov 2022, 4:32 am by Kluwer Patent blogger
For oral proceedings on appeal by VICO, a specific provision was added to the Rules of Procedure of the Boards of Appeal (Art. 15a). [read post]
8 Dec 2022, 6:57 am by Matthieu Dhenne (Ipsilon)
 The mechanism of stipulation for third parties implies the promise of a service (art. [read post]
19 May 2022, 4:45 am by Miquel Montañá (Clifford Chance)
This is further confirmed by the interpretation of art. 89 in the context of art. 7(2) UPCA and art. 3 PPA and art. 18(1) of the Protocol on Privileges and Immunities (“PPI”), which mention Germany, France and the UK explicitly. [read post]
7 May 2022, 7:09 am by Matthieu Dhenne (Ipsilon)
The conservation of the sequestration is then subject to two conditions which the seized party must prove: that the information contained in the sequestered document can be qualified as a trade secret (according to art. [read post]
Swan€ 112 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei, Yang Yang, He Yibo€ 148 [read post]
18 May 2022, 12:30 am by Christopher Dumont (Crowell)
The Court of Enterprises therefore set it aside for the determination of the relevant date of the prior art to be taken into consideration. [read post]
24 Nov 2022, 12:45 am by Miquel Montañá (Clifford Chance)
Swan€ 112 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei, Yang Yang, He Yibo€ 148 [read post]
8 Sep 2022, 4:30 am by Jonathan Ross (Bristows)
The key issue in deciding whether these prior art documents rendered the 947 Patent obvious was the identity of the skilled person and their common general knowledge. [read post]
19 Nov 2022, 7:06 am by Matthieu Dhenne (Ipsilon)
Dhenne, “De la rétroactivité de l’imprescriptibilité des actions en annulation des titres nationaux de propriété industrielle”, art. cit.). [read post]
Swan€ 112 Chinese Patent Law: A Practical Guide by Sun Changlong, Zhang Junjie, Fanwen Kong, Dang Li, Yongbo Li, Zhang Liang (William), Wang Meng, Zhang Qiulin, Wang Rong, Gu Runfeng, Chen Shasha, Lu Weiting, Ge Xiaomei, Yang Yang, He Yibo€ 148 [read post]
8 Sep 2022, 12:36 am by Kluwer IP Reporter
” Top 3 Kluwer Copyright Blog posts   1) NFTs and Copyright: Some Burning Issues by Enrico Bonadio and Rishabh Mohnot “Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. [read post]
To be patentable, an invention must involve an inventive step when compared with the prior art base. [read post]
  As a result, Professor Ricketts had seen the US equivalent of the Patent before the prior art in the UK proceedings. [read post]