CONTENTS

NEWS


Court decisions, litigation and life sciences IP news from around the world

PATENTS: HEALTHCARE


Navigating patent eligibility in digital healthcare

Being useful and novel may not be enough, warn Linda Thayer, Aaron Capron and Sneha Nyshadham of Finnegan, Henderson, Farabow, Garrett & Dunner.

ANTIBODIES


The uncertain future of antibody claims

Amgen v Sanofi continues the Federal Circuit’s trend of undermining certain antibody claims, explains Benjamin Pelletier of Haynes and Boone.

PATENTS: NON-OBVIOUSNESS


When the inventor is artificial

Will the same tests for non-obviousness be applied to pharma inventions developed using AI, asks MaryAnne Armstrong of Birch Stewart Kolasch Birch.

CHINA: PATENTS


The curious case of Wuhan’s Institute of Virology and remdesivir

Changes to China’s patent laws and a filing by a Wuhan lab involving Gilead’s remdesivir have set up an interesting patent race, says Thomas Moga of Dykema.

EPO: EXAMINATION GUIDELINES


EPO’s new examination guidelines

The updated rules include important changes involving amino or nucleic acid sequences and antibodies, Clare Roskell and Samantha Moodie of Mathys & Squire explain.

RUSSIA: NOVELTY


A point of principle

Is the ‘narrower–broader’ principle a general rule or the exception when evaluating the novelty criterion of patentability, asks Elena Nazina of Gorodissky & Partners.

PATENT VALIDATION


Have patent, will travel

Deciding where to validate a pharma patent can be difficult. Sarah Kostiuk-Smith of Mewburn Ellis looks at the options within the European Patent Convention countries.

PATENT FILING


The startup scene

Patents are a key asset for pharmaceutical startups, but where are they choosing to file? Jian Siang Poh and Angus Fairbairn of Marks & Clerk report.

SOVEREIGN IMMUNITY


Sovereign immunity: a venue­-dependent protection

A University of Texas dispute perfectly illustrates the differing role sovereign immunity takes in proceedings at the PTAB and district court, say Simon Roberts, Nitya Anand and Eric Wang of Hogan Lovells.

SECOND MEDICAL USE


A regulatory perspective

Under close scrutiny by regulators, the rules around second medical use patents vary from country to country, explains Jackie Mulryne of Arnold & Porter.

CANADA: MEDICINE PRICING


Pricing, patents and the PMPRB

Micheline Gravelle and Iris Cheung of Bereskin & Parr provide an update on the final version of guidelines issued by Canada’s federal drug price regulator.

Spring/Summer 2021


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