Monthly Archives: February 2010

Hearing fixed for “Broccoli” and “Tomatoes” cases before the EPO Enlarged Board of Appeal, G 0002/07 and G 0001/08

Post from Paul Cole The EPC prohibits patents for essentially biological processes and the referred questions relate to the degree and nature of human technical intervention, which is necessary for that provision not to apply.  Case G 0002/07 “Broccoli” concerns EP-B-1 … Continue reading

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Yes, Judge Michel, There have been some WDR Appeals!

During oral argument before the Fed. Cir. in Ariad v. Lilly, as reported by Patently-O, the government attorney was pressed for specific evidence that a separate WDR “is necessary for USPTO to perform its examination function”, e.g., that it serves a practical … Continue reading

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Sustained release fluvastatin formulations – The UK Court of Appeal opinion in Activis UK Limited v Novartis AG [2010] EWCA Civ 82

Post from Paul Cole Sometimes a decision as to obviousness hinges on a single short point. In Graham v John Deere, the tipping point testimony was during cross-examination of the witness for the patentee, when he said that the allegedly … Continue reading

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END OF AN ERA – “SWISS-FORM” CLAIMS ARE OUT

The Enlarged Board of Appeal of the EPO issued a decision on February 19th (G02/08), that Swiss-form claims will no longer be permitted as a way to claim a “second medical use” of a bioactive agent – “The use of … Continue reading

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