Category: Patents / Trade Secrets
Pathways to extend the term of pharmaceutical patents in Mexico
A combination of regulatory developments and recent judicial criteria have opened different avenues to adjust the duration of exclusivity periods. In recent years, substantial changes have been made to the Intellectual Property System in Mexico, creating the possibility of modifying the term of patents related to pharmaceutical products. In this entry, we analyze three relevant […]
Supplementary protection certificates in Europe: towards a unified system and the extension of biotech protection
The European regime on supplementary protection certificates could undergo a huge transformation. The EU has proposed measures such as introducing a centralized examination procedure at the European Union Intellectual Property Office (EUIPO), creating a unitary supplementary protection certificate or extending protection by a further 12 months for some medicines developed using biotech processes and for […]
Patent litigation funding: a rising trend
Access to third-party funding is becoming a key tool for businesses with valuable patents and limited resources to be able to litigate on equal terms and promote innovation. Third-party litigation funding (TPF) has become a real alternative for startups and SME’s to be able to face the high costs that a lawsuit may involve and […]
When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case
Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse […]
How do you obtain protection of geographical indications for craft and industrial products?
EU Regulation 2023/2411 on geographical indications is now a reality. Up until now protection had been limited to agricultural products and wines, but the new regulation extends this protection to crafts and industrial products linked to traditional regional skills. Through a two-phase registration procedure, unified protection is guaranteed throughout the EU. When we wrote our […]
New patent possibilities emerge for natural products
New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable. According to article 54 (1) and (2) of the European Patent Convention (EPC), an invention shall be considered to be new if it does not form […]