To infinity and beyond! The sufficiency requirements for open-ended ranges (T 1977/22)
The recent Board of Appeal decision in T 1977/22 related to the patentability of claims defining subject matter with open-ended...
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The UPC's approach to added matter and functional claims (Abbott v. Sibio Technology, UPC_CoA_382/2024)
The recent decision in Abbott v Sibio Technology ( UPC_CoA_382/2024 ) offers valuable insights into the UPC's approach to the...
Securing market protection for cell therapies: Patents versus regulatory exclusivity
Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies...
Beyond the process: Securing robust IP protection for cell therapies
Cell therapy represents one of the most exciting fields of innovation, with the potential to provide long-term cures for previously...
AlphaFold: From Nobel Prize to drug-discovery gold mine?
AlphaFold, a machine learning model for predicting protein structure, is arguably one of the greatest achievements of AI so far. Whilst...
Strict US written description requirement applied to CAR-T-cell therapy (Juno v Kite)
In the US, functional antibody claims have increasingly failed to satisfy the strict "written description" sufficiency requirement. The...
Functional claims for pharmaceutical formulations: Validity versus enforcement (T 2130/22)
The Board of Appeal decision in T 2130/22 considered the inventive step of a pharmaceutical formulation in which the technical effect...
OpenAI's large language model (LLM) patents
OpenAI's approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation...
IP strategy for AI-assisted drug discovery
AI has been hailed as a potentially revolutionary tool for accelerating and enhancing the difficult and expensive process of drug...
Falling between the cracks: The challenges of patent strategy for stem cell therapies (T 1259/22)
Cell therapy is a highly innovative therapeutic strategy that uses living cells to combat disease. Cell therapy strategies include stem...
The benefits and pitfalls of drug manufacturing IP (T 2543/22)
The Board of Appeal decision in T 2543/22 relates to a manufacturing method for preparing a therapeutic peptide. The Board of Appeal...
A new mode of administration is a new specific medical use (but not necessarily inventive) (T 0295/22)
The Board of Appeal decision in T 0295/22 tackles the question of whether a new mode of administration of a drug should be considered a...
EBA's preliminary opinion in G1/24: "the description and the figures can be referred to in the course of claim interpretation"
The Enlarged Board of Appeal (EBA) has issued its preliminary opinion in the closely watched referral G1/24 relating to the role of the...
The description of a patent should "always" be used to interpret the claims (DexCom vs. Abbott, UPC_CFI_230/2023)
The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott (...
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