Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.
While the genus antibody claim was effectively killed by the U.S. Supreme Court in Amgen v. Sanofi, it lives on in Europe despite a few recent setbacks at the European Patent Office ("EPO") and the Unified Patent Court...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more
The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more
Please join Fitch Even for a free webinar, “180 Days of UPC: How It Started… How It’s Going…,” on Wednesday, November 29, at 9:00 a.m. PST / 10:00 a.m. MST / 11:00 a.m. CST / 12 Noon EST. The Unified Patent Court (UPC)...more
On June 1, 2023, the new European Unified Patent Court (UPC) will open its doors, and enforcement of European patents in (currently) 17 contract member states will be possible with one action. This series of articles –...more
The new European Union Unified Patent Court (UPC) and Unitary Patent go live on June 1, 2023. Enterprises operating in Europe should understand the risks and rewards of this new system, one of the most significant...more
Hosted by C5, the 16th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns 23-24 May, at the DoubleTree by Hilton Amsterdam Central Station, Amsterdam with curated programing for you to gain the knowledge and...more
Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new Unified Patent Court (UPC) is expected to open for...more
The European Patent Office and participating European Countries have established a Unified Patent Court and a European patent with unitary effect (also called a Unitary Patent) that will come into effect on June 1, 2023. ...more
For the past 50 years, it has been possible to obtain a patent in most countries in Europe by filing a single patent application in the European Patent Office (EPO). Such a patent application is prosecuted in the EPO and,...more
After years of setbacks, the EU Unified Patent Court (UPC) will begin its work on June 1, 2023. Germany’s ratification of the UPC Agreement on Feb. 17, 2023, triggered a countdown under Article 89 of the UPC Agreement for the...more
A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual...more
This latest publication in our UPC series takes you through three main advantages of the Unitary Patent system, compared to previous protection options: costs and simplicity, centralized proceedings, and benefits for future...more
With the introduction of the European Patent with unitary effect (Unitary Patent) and the Unified Patent Court (UPC), the question arises whether the use of this new system makes economic sense for patent owners. Patent...more
Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more
A Unified Patent Court (UPC) is expected to officially open its doors in Europe in late 2022 or early 2023. The UPC is a patent‑specific court established by 24 participating European Union (EU) member states, with the goal...more
The Unitary Patents system – providing for the new Unitary Patent and Unified Patent Court (UPC) – will have a profound impact on patent protection, patent enforcement and patent revocation proceedings in Europe. The Unitary...more
The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more
Following our note “The Future European Patent System: Being Prepared,” we report here on the very latest news on the implementation of the major changes to the European patent system. In recent weeks, there has been...more
In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in...more