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Court of Justice decides in favour of the unitary patent system
With the adaption of two EU regulations by the European Parliament and Council and the signature of the Agreement on a Unified Patent Court, the unitary patent system seems soon to become a reality. The new system is based on a so-called ‘enhanced cooperation’ pursuant to Art 329 TFEU. Spain and Italy, the only EU Member States that chose not to participate, tried to prevent the other countries from proceeding without them by taking their case to the Court of Justice of the EU. They failed: yesterday, the Court dismissed their complaints against enhanced cooperation.
Read moreEscitalopram (Cipralex®) - Advocate-General confirms the decision of the Dutch Court of Appeal that EP 347.066 B1 and SPC 300155 are only partly valid
Lundbeck’s patents protecting their blockbuster Cipralex® have been subject to invalidation actions around the globe for already quite some years. Cipralex® is an antidepressant drug which contains as the active substance Escitalopram, the (S)-enantiomer of the racemic mixture (citalopram) marketed amongst others as Cipramil®.
Read moreAustralia to change its patent legislation significantly on 15 April 2013
On 15 April 2013 the Australian Patents Act 1990 will see some major changes. From this date on, patent applications for which applicants have not submitted the request for examination will be subject to more strict requirements.
Read moreUnified Patent Court agreement signed in Brussels
The international agreement for establishing a Unified Patent Court (UPC) was signed today in Brussels. It will ensure the uniform applicability of patent law throughout the territories of the signatory countries. NLO keeps a close watch on all developments regarding the Unitary Patent.
Read moreAmerica Invents Act; First-to-file system
By Peter ten Haaft and Thea van der Wijk
On September 16, 2011, President Obama has signed the America Invents Act (AIA) into law. The act is regarded as the most significant reform of the United State’s Patent Act since 1952. The full text of the act, comprising many different provisions each with different effective dates, can be found here. At least the next 20 years both the new and the old systems have to be taken into account.
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