No back-peddling on prosecution disclaimers (Azurity v. Alkem, Fed. Cir. Case No. 23-1977)
In Azurity v. Alkem the US Court of Appeals for the Federal Circuit (CAFC) affirmed the District of Delaware's ruling that Alkem's...
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UPC Munich Local Division takes a novel approach to claim interpretation (SES vs Hanshow, UPC-CFI-292/2023)
The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will...
Don't shoot yourself in the foot: European file history in US patent claim interpretation (K-fee v Nespresso)
In the US, the principle of file wrapper estoppel is well established. Submissions made in US patent prosecution may be highly...
Beware of boilerplate: Practical lessons for patent drafting from G1/24 (Claim interpretation)
Following the high profile hearing last month, we are now all waiting with bated breath for the written decision of the Enlarged Board of...
G 2/21 applied to software inventions (T 0687/22)
The EPO Board of Appeal decision in T 0687/22 confirms beyond doubt the relevance of G 2/21 to software inventions. The decision in ...
Use versus process patents: Implications for novelty and scope (T 1913/21)
The recent decision T 1913/21 highlights a crucial differentiation between second non-medical use claims and process claims. The Board...
Too broad, too early? AI platform for cell analysis found to lack technical character and sufficiency (T 0660/22, Cell analysis/NIKON)
The decision in T 0660/22 combines two hot topics, AI and cells! The patent application at issue related to a method for analysing...
To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)
The recent Board of Appeal decision in T 1977/22 related to the patentability of claims defining subject matter with open-ended...
The UPC's approach to added matter and functional claims (Abbott v. Sibio Technology, UPC_CoA_382/2024)
The recent decision in Abbott v Sibio Technology ( UPC_CoA_382/2024 ) offers valuable insights into the UPC's approach to the...
Securing market protection for cell therapies: Patents versus regulatory exclusivity
Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies...
Beyond the process: Securing robust IP protection for cell therapies
Cell therapy represents one of the most exciting fields of innovation, with the potential to provide long-term cures for previously...
AlphaFold: From Nobel Prize to drug-discovery gold mine?
AlphaFold, a machine learning model for predicting protein structure, is arguably one of the greatest achievements of AI so far. Whilst...
Strict US written description requirement applied to CAR-T-cell therapy (Juno v Kite)
In the US, functional antibody claims have increasingly failed to satisfy the strict "written description" sufficiency requirement. The...
Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22)
The Board of Appeal decision in T 2130/22 considered the inventive step of a pharmaceutical formulation in which the technical effect...
OpenAI's large language model (LLM) patents
OpenAI's approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation...
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