News and views
06 March 2019
The issue of so-called "Third Party SPCs" has vexed European biotech and pharma for some time: is it right that a Patentee can obtain a Supplementary Protection Certificate ("SPC") on a product for which the Marketing Authorisation ("MA") issued to an unrelated entity - typically a competitor?
Board of Appeal at the EPO - The Administrative Council cannot alter the interpretation of the EPC by amending the Implementing Regulations.
05 March 2019
In an update to our previous note on the patentability of plants that are the product of an essentially biological process, the written decision of Board of Appeal 3.3.04 in T1063/18 is now available. This decision confirms that plants that are the product of an essentially biological process remain patentable at the European Patent Office, but the decision also reaches further than this.
Board of Appeal at the EPO: Plants that are the product of an essentially biological process are patentable.
18 December 2018
The decision that plants that are the product of an essentially biological process are patentable may provide some respite for Europe's Agrtitech industry, which already faces some of the most stringent regulation in the world on GMOs and gene-edited plants.
03 July 2018
Three patent attorneys from E+F have this year passed the European Qualifying Examination (EQE) at the first attempt.