European Patent Research Articles

LUFTHANSA TECHNIK AG v ASTRONICS ADVANCED ELECTRONIC SYSTEMS

Abstract H1 Patents — European Patents — Airline in-seat power supply apparatus — Infringement — Validity — Construction — Use of reference numerals — Prior art document referred to in body of specification — Fuzzy boundaries — Novelty — Obviousness — Mindset — Appeal to Court of Appeal

Landscape of Genome Editing Technology Patents in the European Patent Office with a Focus on CRISPR-Related Opposition Proceedings

Landscape of Genome Editing Technology Patents in the European Patent Office with a Focus on CRISPR-Related Opposition Proceedings

Biotechnologies and patent law: The case of European Union

The rapid development of biotechnologies requires taking comprehensive steps to actualise and consolidate actions. In order to introduce new technologies into life in the most rapid and appropriate way, it is imperative to establish mechanisms and instruments that meet contemporary challenges. This article presents an overview of institutional innovations of the European Union, which create favourable conditions, including for the protection of research results in the field of biotechnology. At the same time, this paper highlights new risks arising from the “information hunt” implicitly announced in the field of biotechnology. Particular attention is paid to the efforts to cooperate and harmonise approaches to the protection of intellectual rights in the biotechnology realm by the European Union and the European Patent Organisation. For the purposes of this article, one of the key factors in considering the new European Unitary Patent System through a biotechnologies perspective is the fact that the acts governing the activity contain distinctive provisions that are specific to biotechnologies. The latter manifests both in the acts introducing the System and in the current format of the Unitary Patent Court. The article states that the EU is endeavouring to provide the new institution with digital tools. Such tools are provided both at the stage of familiarising oneself with the rules and procedures of the Unified Patent Court and for performing key actions when dealing directly with a European unitary patent. However, the digitalisation of some procedures entails certain risks, primarily related to data security (e.g., sensitive development data or personal data of people involved in biotechnological developments may be made public). Once biotechnology development data are lost, there are serious consequences, both financial and scientific. In this regard, the article points out what protection formats are currently proposed and indicates that there is a need to further develop this field.

Understanding Regional Branching: Knowledge Diversification via Inventor and Firm Collaboration Networks

The diversification of regions into new technologies is driven by the degree of relatedness to existing capabilities already present in the region. In cases where opportunities for diversification are rather limited, external knowledge that spills over from neighboring regions or from farther away might become an important driver of regional diversification. Despite the relative importance of interregional knowledge flows via collaborative work, we still have a very limited understanding of how collaboration networks across regions might facilitate diversification processes. The present study investigates the diversification patterns of European metropolitan and nonmetropolitan regions into new knowledge domains via technology classes reported in patent applications to the European Patent Office. The findings indicate that externally oriented inventor collaboration networks increase the likelihood that a new technology specialization enters a region, but this external orientation is less important for related diversification than for unrelated diversification. Further, the results demonstrate that interregional collaboration networks help diversification into unrelated technologies if external knowledge sourcing is based on a diverse set of regions and if collaboration is intense within companies located in distinct regions. Within-firm collaborations across regions can compensate for missing related skills in metropolitan and in nonmetropolitan regions alike but are especially important in nonmetropolitan regions. These results provide new evidence about the importance of knowledge flows within multilocation firms in the technological knowledge diversification of regions.

Nintedanib as the First Treatment for Group of Progressive Interstitial Lung Diseases: A Review of Patent Literature.

Nintedanib is a competitive inhibitor of non-receptor tyrosine kinase (nRTKs) and receptor tyrosine kinase (RTKs). Nintedanib is a substrate for the P-glycoprotein transporter, which returns ingested substances to the gastrointestinal lumen. At present, Nintedanib is being prescribed for individuals diagnosed with idiopathic pulmonary fibrosis (IPF). This assessment provides a concise overview of the latest patents pertaining to Nintedanib. The patents covered in this analysis are categorized into sections, including patents related to the active ingredient, polymorph, formulation, and treatment method. The purpose of this compilation is to offer researchers convenient access to all the relevant patents in a single resource. Information was collected from diverse web databases, including both paid and free sources. Paid databases, such as Orbit® and SciFinder® were utilized as examples. On the other hand, free databases, such as the European Patent Office's Espacenet®, WIPO Patentscope® the Indian patent database, and Google Patents, were also accessed for data gathering purposes. The orange-book listed patents for Nintedanib are set to expire in July 2029. These patents explore various excipients to address the solubility issue in the long-term storage of the formulation. However, despite these efforts, there is still a need for further research to enhance the properties of the Nintedanib formulation. Extensive research has been conducted on multiple methods for manufacturing Nintedanib and its formulations. This dynamic study has the potential to create opportunities for numerous generic companies to enter the United States market. This, in turn, will improve healthcare accessibility by lowering costs.

After reform of the European Patent Organisation, the German Constitutional Court finds that at least a minimum judicial standard applies

After reform of the European Patent Organisation, the German Constitutional Court finds that at least a minimum judicial standard applies

Substantiation of creation of transdermal forms of drug delivery with antihypertensive action

The article presents the theoretical justification for the choice of active pharmaceutical ingredients of antihypertensive action for the creation of new forms of delivery - transdermal therapeutic systems.
 Purpose: monitoring of studies on the use of angiotensin-converting enzyme (ACE) inhibitors in the development of transdermal drugs for the treatment of hypertension.
 Materials: open access electronic resources of scientific periodicals from around the world: Google Scholar (https://scholar.google.com/); PubMed (https://pubmed.ncbi.nlm.nih.gov/); Sciencedirect (https://www.sciencedirect.com/); Pubchem (https://pubchem.ncbi.nlm.nih.gov/); National Library of Ukraine named after V. I. Vernadskyi (http://www.nbuv.gov.ua/); Ukrainian Institute of Intellectual Property (Ukrpatent) (https://sis.ukrpatent.org/uk/); Industrial Property (https://base.uipv.org/searchBul/); USPTO. The United States Patent and Trademark Office (https://www.uspto.gov/patents/search); European Patent Office (EPO) (https://www.epo.org/).
 Methods of the research: information search, theoretical analysis and systematization of data from scientific sources, logical analysis.
 Results: a review of scientific sources was carried out, and an analysis of ACE inhibitors as candidates for the creation of transdermal forms for the treatment of arterial hypertension was carried out. The pharmacological and physicochemical aspects of the possibility of their use for introduction through the skin are defined. It has been established that the search and development of the latest means of treatment of arterial hypertension, which would significantly increase the duration and quality of life of patients, are extremely relevant. Transdermal drug delivery systems are one of the pharmaceutical products being developed on the world market, and their use allows overcoming the associated disadvantages of other delivery routes.
 Conclusions: the review of domestic and foreign literature confirmed the relevance of biopharmaceutical research in the field of development of innovative dosage forms - transdermal therapeutic systems for the treatment of hypertension.
 The choice of promising antihypertensive active pharmaceutical ingredients of the ACE group (enalapril maleate, lisinopril dihydrate, and captopril) is substantiated, taking into account their specific physicochemical properties that are suitable for penetration through the skin.
 The market for transdermal drug delivery is increasing, and there is a prospect of higher growth rates in this market in the coming years

NEURIM PHARMACEUTICALS (1991) LTD v GENERICS (UK) LTD

H1 Patents — European patents — Pharmaceuticals — Insomnia treatments — Melatonin — Exclusive licences — Contractual construction — Exclusivity in relation to part of a claim — Effect of contractual restrictions on entitlement to sue — Costs — Barrell jurisdiction — Concurrent proceedings before EPO — Patent held invalid by the EPO Opposition Division — European Patent (UK) held valid by Patents Court — Consequentials order made but not formally drawn up — Appeal to EPO Technical Board of Appeal withdrawn by patentee two days after consequentials order hearing — Patent treated as invalid ab initio — Appeal to Court of Appeal

NEURIM PHARMACEUTICALS (1991) LTD v GENERICS (UK) LTD (No. 2)

H1 Patents — European patents — Pharmaceuticals — Insomnia treatments — Melatonin — Validity — Concurrent proceedings before EPO — European Patent (UK) held valid by Patents Court — Patent later revoked by the EPO Technical Board of Appeal — Second action brought in relation to patent granted on divisional application — Preliminary issues — Issue estoppel — Winner’s appeals — Permission to appeal refused — Abuse of process — Competition law — Case management

The effects of limited exhaustibility of knowledge and geographical distance on the quality of R&D collaborations: The European evidence 2000–2012

Much evidence exists of the increasing levels of research cooperation and globalization in the knowledge generation process. This paper aims to assess the determinants of the quality of research collaborations, using a sample of joint patent applications to the European Patent Office between 2000 and 2012. The results of the empirical analysis show that the limited exhaustibility of knowledge and the geographical distance among research partners are crucial determinants of research quality. Specifically, the non-exhaustible character of knowledge and cross-border knowledge creation enhance patent quality. Moreover, the distance among research partners exerts a curvilinear effect, as the quality of innovation increases when partners are either in spatial proximity or distant among each other.

COVID-19 Pandemic and Technological Change: Analysis of Patent Applications

Purpose: This study is aimed to measure COVID-19's impact on innovation and monitor technical change during the Pandemic through patent applications.
 Methodology: Patent application annual total number of European Patent Office patent applications data on 35 different technological disciplines separated into five key categories from 2012 to 2021 were utilized in the analysis. The Prophet forecasting model to forecast patent applications for 2020 and 2021 has been developed. The technological advancements and Pandemic impact on innovation were then analyzed using the actual and forecasted values.
 Findings: The study's findings indicate no apparent difference between actual numbers and forecasted values. It was found that in 2020 and 2021, more patent applications than expected were made in 15 and 16 technological areas, respectively. The study also found that semiconductors, audio-visual, and nanotechnology advancements have been notable during the Pandemic.
 Originality: The originality of this study lies in the use of the Prophet forecasting model based on European Patent Office patent application values in the analysis of the effects of the pandemic on innovation and technological change for 35 different technological disciplines.

A Plea for Less Hindsight in the Inventive Step Test

Abstract This article provides a critical review of the case law of the European Patent Office (EPO) and some Member States regarding inventive step and is aimed, in particular, at judges at the Unified Patent Court (UPC) and practitioners before that court. The linchpin of the review is a discrepancy between, on the one hand, the legal principle of avoiding hindsight and, on the other, the EPO’s belief that hindsight is a necessary element of an objective assessment of inventive step. Although this aspect must be separated from the question of how the original disclosure affects the assessment of inventive step, in particular the formulation of the problem (see G 2/21), there are nevertheless mutual dependencies.

ILLUMINA CAMBRIDGE LTD v LATVIA MGI TECH SIA

H1 Patents — European Patents — Validity — DNA sequencing systems––Sequencing by synthesis — Obviousness — Hindsight — Reasonable expectation of success — Priority — Plausibility — Common general knowledge — Mere collocations — Appeal to Court of Appeal — Procedure — Affirming decision on alternative or additional grounds

New options for patenting in Europe

Inventors seeking to protect their intellectual property in Europe now have an important choice to make. More than a decade after its approval, a new patent system came into effect last month, which some European Union (EU) countries already have signed on to. Inventors in these countries can use either the new unitary patent (UP) system or the previously existing route of European patents. A balance between the two paths is hoped to spur a more robust pan-European patent landscape. However, the new system must be widely adopted first.

Unitary system of patent protection as an element of innovation policy of the European Union

The article analyzes the process of establishing a unitary system of patent protection in the European Union as an alternative to national and regional systems and its importance for enhancing the innovation potential and economic development of the EU. It examines the preconditions for the transition from national patents to regional (and subsequently unitary) patents, which are based on the intention of the EU Member States to overcome the territorial principle of patent rights by extending the patent owner’s exclusive rights beyond the territorial borders of one state.It is noted that the transformation of the economy into an innovative one, in which a key role is assigned to intellectual property rights (as a precondition for innovation), has actualized the issue of effective intellectual property legal protection, in particular, concerning patent rights. Since 1997, the European Commission has been highlighting the importance of patents as one of the tools available for protecting innovation and the need to reform the European patent system to increase Europe’s innovation potential and competitiveness. Subsequent decisions of the EU Council were taken to fulfill this task, resulting in the introduction of a unitary system, which includes the European Patent with Unitary Effect (the Unitary Patent) and the Unified Patent Court, as of June 1, 2023. As a result, inventors can obtain unitary patent protection based on the Unitary Patent in all EU Member States participating in the enhanced cooperation mechanism.It is concluded that the unitary patent protection system extends the territoriality principle beyond the national borders of the State within the EU borders, but does not destroy the basic principles of intellectual property rights. In contrast, the article examines the US case law, which demonstrates its own approaches to understanding the principle of territoriality and the presumption against extraterritoriality of patent rights, allowing in certain cases the US patent holder to extend its monopoly to foreign markets.

Grace Period Harmonization in the Open Innovation Era

Abstract This article urges European companies to discard their prejudices and work with their patent offices to adopt a grace period in the European Patent Convention (‘EPC’) in exchange for the United States’ reconciliation of the definition of the prior art, harmonizing the differences remaining after the America Invents Act (AIA). The negative view that European companies have taken of a grace period is contrary to the experience in Japan, where an unrestricted grace period helped large companies engage in open innovation and increase their use. Empirical studies have substantiated the negative impacts of the lack of a grace period on European SMEs and Universities. After highlighting the differences in the prior art under AIA and EPC, this article will conclude with a proposal for a 12-month, U.S.-style grace period to harmonize the patent systems in Paris Union member states. The adoption of this proposed grace period would result in a win-win outcome for both the United States and European countries.

Международная инновационная активность компаний в области систем пассивного снижения теплопритоков

The article analyzes innovative activity in the technological direction of liquefied natural gas transportation based on trends in patent activity. An analysis of the dynamics of patenting new developments in this area showed a high level of innovative activity both on the part of major market players and in relation to individual authors. The study noted bursts of patent activity in certain periods associated with the development of scientific and technological progress. The most active national markets in this area are China, Japan and South Korea, but the European patent market also has potential for scaling. An assessment of the patent portfolios of companies has identified the most significant players in the market for liquefied natural gas transportation technologies in terms of the value of technical solutions patented by these companies: Daewoo Shipbuilding and Marine Engineering, Chugoku Electric Power, Hyundai Heavy Industries, Mitsubishi Heavy Industries, Osaka Gas, Samsung Heavy Industries, Siemens. The authors give forecasts for the development of the considered technological niche in the corporate and regional context. The obtained results of the study can used in the formation of programs for the innovative development of organizations involved in the implementation of orders in the field of energy and transport.

Correlation Between EU Ac Quis, Domestic Law and International Law in Light of Legal Governance of the European Patent with Unified Effect

Problem setting. The article is devoted to detection of the legal nature of the relationships between EU Member States’ domestic law and newly-created system of patent law governance, which comprises the Council Regulations 1257/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection and № 1260/2012 on implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements as well as the Agreement on a Unified Patent Court. The subject of this research are the potential challenges the enforcement of the EU law may pose to the Unified Patent Court, along with enforcing Contracting State’s domestic law and international treaties, binding to the Contracting States as well as potential threats that can emerge after the Unified Patent Court becomes operational, especially the threat of legal fragmentation in terms of patent relationships. Profound analysis of the rules, that set the procedure of using different types of legislation while hearing the patent disputes cases has been made. The legal opinions of the Court of Justice of the European Union concerning the autonomous judicial bodies and their influence on the EU law have been presented. Potential threats to the EU legal system’s integrity and possible ways of deterring them have been outlined. Comparisons between recent and previous legal problems concerning the field of the EU law integrity have been made. The main arguments of the Court of Justice of the European Union have been studied and the most durable ones have been stressed as the milestones of the future Unified Patent Court legal practice. Conclusions about the importance of domestic and EU law correlation in light of patent legal sphere have been made. The drawbacks of current EU legislation and the need for the Court of Justice of the European Union to reconsider its positions have been mentioned. Analysis of recent researches and publications. The problems of compiling EU rights and national rights of EU member states in the context of their use by EU institutions, as well as other bodies, in particular the ECHR, as well as the question of fragmentation of patent law, were raised by the following EU researchers: Kristof Krenn, Giuseppe Martinico, Jorg Polakiewicz, Sionaidh Douglas-Scott, Steve Peers, Douwe de Lange, Tatiana Komarova. Purpose of the research is to conduct a profound analysis of the problem concerning the use of EU law and other legal sources by the Unified Patent Court during its future legal practice and to study the bonds between the Court of Justice of the European Union, the Unified Patent Court and Contracting Member States and their role in the creation of the new legal framework. Article’s main body. The analytics of the EU patent law harmonization has been an object of attention of many researchers so far. For instance, Reto M. Hilty and the collective of authors, who studied the problem of enforcement of law, that forms the so-called «patent package», explicitly paid their attention to the question of jurisprudence fragmentation, the point of which is that as soon as the Agreement on a Unified Patent Court comes into force, several judicial bodies will cover the territory of the Contracting Member States with their jurisdiction simultaneously. Apart from the national courts, that will deal with the patents, issued by the domestic authorities, the following bodies will execute their functions: the Unified Patent Court on cases concerning the European patent with unitary effect, the Court of Justice of the European Union by issuing its preliminary opinions on the compatibility of the Unified Patent Court’s actions with the EU law and the Boards of Appeal of the European Patent Office by deciding on the administrative lawsuits. The problem of jurisprudence fragmentation entails a vast amount of problems, the answer to which can only be given by means of judicial practice. If we turn our view towards Article 7 of the Council Regulation № 1257/2012, we will notice that this article gives the European patent with unitary effect the meaning of property, that should be equally recognized throughout all the Contracting Member States. This aspect leads to an important conclusion, that will be discussed later in this paper. Conclusions and prospects for the development. To sum this up, it’s worth noting, that the beginning of the Unified Patent Court’s functioning, as well as the moment when the legislation, created by means of enhanced cooperation mechanism, comes into force, will certainly become a remarkable event both to the EU institutions and the Unified Patent Court, since it has the potential to become a strong incentive to reconsideration of current approaches to the cooperation between the EU and international judicial bodies.

DR REDDY’S LABORATORIES (UK) LTD v WARNER-LAMBERT CO LLC

H1 Patents — European patents — Pharmaceuticals — Multi-party litigation — Interim injunctions and interim undertakings — Cross-undertakings in damages — Threats — Relevant patent claims held invalid — Assessment of damages — Preliminary issues — Counterfactual assumptions

SECRETARY OF STATE FOR HEALTH v SERVIER LABORATORIES LTD

H1 Patents — European patents — Pharmaceuticals — Generic products — Economic torts — Unlawful means — Strike out application — Necessary elements of the tort — Whether the unlawful means had to interfere with claimant’s liberty to deal with third party against whom the unlawful act relied upon had been committed — Invalid patents — Proceedings for patent infringement — Interim injunctions — Market entry of third party generic product delayed — Prices thereby maintained — Patent later invalidated — Claim struck out at first instance and decision upheld by Court of Appeal — Appeal to Supreme Court