ELSA Belgium’s Post

Mark D. Janis's and my response piece, "How the Supreme Court Ghosted the PHOSITA: Amgen and Legal Constructs in Patent Law," is now published in the Iowa Law Review Online. It responds to the excellent article by Laura Pedraza Fariña and Ryan Whalen in the Iowa Law Review, The Ghost in the Patent System: An Empirical Study of Patent Law’s Elusive “Skilled Artisan,” 108 Iowa L. Rev. 247 (2022). Our response is available here: https://lnkd.in/gCKGCzMb

A comparison of evolving legal frameworks that are helping to shape the massive life sciences industries in China and India Asia Business Law Journal Asia Business Law Journal (한국어) Asia Business Law Journal (日本版) Law.asia Website : https://law.asia/asia/

The Brazilian Patent and Trademark Office has introduced a new interpretation regarding the "end of examination" in patent prosecution. This significant change aims to streamline processes and reduce the backlog of pending applications. However, it also raises concerns about the potential impact on patent rights and the timing of enforcement actions. Practitioners must stay informed about these developments to adapt their strategies accordingly. For a detailed analysis, check out the full article by Rob R., Brenno Telles and Maria Luiza Cotia of RNA Law on Kluwer Patent Blog #patents #intellectualproperty #Brazil #BRPTO #innovation #legalupdates

Germany 🥇 is still the hot spot for patent litigation in Europe. JUVE Patent has just reported on the current case numbers of the German patent courts. It is true that the absolute number of new patent litigation proceedings at the national German courts decreased last year (in 2023). One reason for this is certainly the UPC, where most of the proceedings are pending at the German local chambers. BUT: Still, 601 new proceedings were filed with the chambers of the German Regional Courts specializing in patent law. This means that there are still more patent proceedings per year in Germany than in the other strategically important European countries combined. Details on the number of cases, the distribution among the individual Regional Courts and the measures taken by the courts in response to the declining number of cases can be found at JUVE Patent: https://lnkd.in/epC4j3nd

Competition Law Regime and Patent Pooling Harmonizing Innovation and Fair Competition: The Role of Competition Act in Patent Pools: Patent Pools, where multiple patent holders license their patents collectively, offer significant efficiency and innovation benefits. However, they also pose risks of market power concentration and anti-competitive practices. Effective regulation by competition authorities is essential to balance these benefits and risks, ensuring both technological advancement and fair market competition. In this captivating read, Vikrant Rana, Managing Partner and Apalka Bareja, Senior Associate, assisted in research by Ritvik Kashyap, Intern at SSRANA & Co., while deliberating about the benefits of patent pooling also discuss the anti-competitive concerns of Patent pooling. #ssrana #competitionlaw #patentpool #patentpooling #technologicaladvancement #unfaircompetition #anticompetitive #faircompetition #competitionact #patentholders #patentpools #antitrustlaw #patentlicensing

Patent Pooling: Innovation Partner or Competition Culprit? Unlock the potential of patent pools while safeguarding competition in the #demystifyingpatent landscape. #competitionlaw #IP #innovation #harmonization

I am thrilled to announce that I have just published my first article on ResearchGate! I started studying intellectual property law in my second year of uni. It is a matter that I find very intriguing and I am very pleased with how this article turned out. If the matter of patent law interests you, give it a read and let me know your thoughts! 💭 https://lnkd.in/eZM_6_2z #patentlaw #intellectualproperty

📢 CAPE ON IP NEWS: Celebrating the UPC’s 1st anniversary The Court of Appeal of the Unified Patent Court gives guidance on the interpretation of patent claims and the burden of proof to be applied in patent matters. This represents the first steps towards a new, more uniform patent law application throughout Europe. 🌐 Find out more in our newsletter here: https://lnkd.in/eYcKRtrf #IP #intellectualproperty #law #UPC #patents

Unreasoned orders by the Indian Patent Office.   The Hon’ble Madras High Court quashed the 2019 order of the Indian Patent Office, which rejected the applicant's patent application based on Section 3(d) and Section 2(1)(ja) of the Indian Patents Act. The Applicant challenged the order on several grounds, primarily arguing that the Controller had failed to properly consider their evidence and submissions, particularly regarding the inventive step and the applicability of Section 3(d).   This judgment is one forming a part of a larger trend in which Indian courts have criticised the Patent Office for issuing non-speaking or unreasoned orders. In the past, courts have held that the Patent Office, as a quasi-judicial authority, has an obligation to provide adequate reasoning for its decisions in order to ensure natural justice. Courts have even often remanded cases for reconsideration, emphasising that merely citing legal provisions or issuing cryptic conclusions is insufficient.   A key factor in determining whether an order is reasoned or “unreasoned” is whether the Controller has considered the submissions and evidence presented by the applicant, and whether the decision is supported by a clear explanation of the reasoning, including references to relevant case law and precedents. In this case, the Court noted that the Controller's 38-page order did not sufficiently address the applicant's arguments regarding the inventive step or Section 3(d) but focused only on procedural concerns, with only the last two pages of the order making a vague attempt to explain the decision.   The challenges faced by the Patent Office, such as overwork, quotas, and inadequate training, may partly explain the frequent issuance of unreasoned orders. However, as the judiciary has duly noted, the onus is on the Patent Office to ensure that its decisions reflect both legal correctness and fairness, fulfilling its quasi-judicial role in the Indian system of patents. Signal Pharmaceuticals v. Deputy Controller of Patents - Sadhika Jindal | ANB Legal #patents #judiciary #equity