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The UPC's first decision on infringement by equivalence (Plant-e v Bioo, UPC_CFI_239/2023)

The IPKat

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Case details: Plant-based fuel cells The dispute in UPC_CFI_239/2023 concerned EP2137782 , owned by Plant-e Knowledge B.V.

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SNIPR Tech. Ltd. v. Rockefeller Univ., No. 22-1260 (Fed. Cir. July 14, 2023)

Intellectual Property Law Blog

. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g). patent system from a first-to-invent system to a first-to-file system.

Invention 162
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G 2/21 does not permit armchair inventing (T 0258/21)

The IPKat

Boards of Appeal have interpreted G 2/21 as permitting patentees to rely on technical effects for which the application as filed is completely silent ( IPKat , IPKat ). The decision in T 0258/21 is therefore not surprising, and confirms that whilst G 2/21 is broadly favourable to patentees, it does not permit armchair inventing.

Invention 122
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Plausibility as a moving target: Phase III clinical trial results sink second medical use patent (T 0816/22)

The IPKat

Legal Background: Sufficiency of disclosure for second medical use claims Under established EPO practice, the assessment of sufficiency under Article 83 EPC requires that a skilled person be able to reproduce the claimed invention using the teaching of the patent application as filed and common general knowledge.

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Guidance on Patenting Inventions with AI Contributions

Patently-O

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues.

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Patent Application for Gilead’s Lenacapavir Opposed: Saving Generics of HIV Drugs?

SpicyIP

The looming threat is the pending patent applications by Gilead in India. A Look at the Pre-Grant Oppositions Gilead has multiple patent applications for Lenacapavir in India, including those seeking patents on its choline and sodium salts. and the oppositions raised against these applications.

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Special 301 Report 2023: Reflections from Public Health Perspective

SpicyIP

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.

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