Summary The UK Court of Appeal (CoA) confirmed the invalidity of Bristol-Myers Squibb (BMS)’s apixaban patent on 4 May 2023.1 The appeal decision centred on the question of plausibility and is the first UK decision to consider plausibility since the EPO Enlarged Board of Appeal’s decision G2/21. The CoA held that BMS had not presented […]
The Federal Court of Justice (Bundesgerichtshof, BGH) comments on the extent to which the installation of spare parts leads to a new production displacing the exhaustion effect. On 8 November 2022, the Federal Court of Justice delivered its judgement (8 November 2022, X ZR 10/20) in the legal dispute concerning the question of a new […]
Marie-Claude Pellegrini has been appointed as a W&R partner and brings a wealth of experience in specialist areas of aeronautics, automotive and advanced technologies. Based in our Paris office, Marie-Claude is joining the Withers & Rogers partnership to develop our growing French offering in a client-led strategic move, which is part of the firm’s broader […]
In 2021, a referral was made to the Enlarged Board of Appeal (EBA) in case T116/18 concerning whether post-published evidence (i.e., information not available until after the filing date of a patent application) can be used to demonstrate a technical effect in the assessment of inventive step. The EBA issued its preliminary opinion in October […]
Brazil has ratified the Hague Agreement for the International Registration of Industrial Designs. This means that from 1 August 2023 Brazil can be designated in new international design applications under the Hague system. Brazil is the largest economy in Latin America. International design applications allow applicants to submit a single design application to the International […]
As the drive towards renewable energy use gains pace, there has been an increase in global patent filings relating to battery technology. While lithium-ion batteries currently dominate the battery market, they have several disadvantages. For instance, the manufacture of lithium-ion batteries requires large quantities of energy and water to extract raw materials.1 The high demand […]