The UK’s wish of re-joining the Lugano Convention, have been dented by the EU’s unusual recommendation for the member states not consent to the UK’s accession application. EU’s Council will issue a final decision but the member states are not all aligned.
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The Enlarged Board of Appeal issued a decision G1/19 holding that current EPO case law on computer-implemented inventions (COMVIK approach – T641/00) also applies to computer-implemented simulations as the present invention.
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In principle, a patent application for a technical invention must be filed at a patent office before the invention has been made available to the public.
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On the 20 July 2020, the Preparatory Committee of the Unified Patent Court (UPC) published UK Withdrawal from the UPCA, stating that “A deposit of the withdrawal notification of ratification has been deposited with the Council Secretariat” after Amanda Solloway (UK IP Minister) parliamentary written statement in the House of Commons.
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The UK Supreme Court has overturned a decision from the Court of Appeal to find two of Regeneron’s transgenic mouse EP/UK patents invalid because they were insufficient. This judgement has returned the bar on sufficiency requiring support for practically every embodiment.
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The answer is ‘certainly yes‘ – provided, however, the product or formulation is new, inventive and has a technical character.
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Although the patent laws of other countries contain similar patentability requirements, few patent offices are as strict in applying this as the EPO. According to the EPO, any amendments to the claims must be directly and unambiguously derivable from the application as originally filed.
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