Patently-O
MARCH 4, 2024
by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.
The IPKat
JUNE 2, 2024
It is also possible to patent the second medical use of a known drug, e.g. in a different disease or at a different dose ( Article 54(4) EP ). Importantly, under European patent law, a claim to a substance or composition for use in a method of treatment is construed to include the treatment effect as a functional feature.
The IPKat
DECEMBER 22, 2023
The topic of prior use has been elevated to the status of a referral to the Enlarged Board of Appeal ( G1/23 ). This is one to watch for 2024. The free evaluation of evidence of prior use (T 0042/19) New EBA referral: When is prior use of a product excluded from the prior art for lack of enablement?
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