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Confidentiality of Medical Trials
The confidentiality of medical trials was examined in recent EPO board of appeal case T 0670/20. During phase IIa and IIb clinical trials conducted prior to the filing of patent application EP2140867, tablets of anti-blood clot agent edoxaban were distributed. Under European law, is not necessary to show that a disclosure has in fact taken … Read More
New Rules Require UK Address for Service in Trade Mark and Design Matters
There are two main scenarios in which UK pending or registered design and trade mark rights held by non-UK applicants or proprietors might not have a UK address for service (“AFS”) or representative. They are: UK rights filed and secured through the Madrid Protocol (trade marks) or Hague Convention (registered designs); and Registered trade mark … Read More
Hindsight in Assessment of Inventive Step
The EPO favours the problem-solution approach in the assessment of inventive step. This involves identifying the closest prior art, as the prior art document that provides the most promising starting point for an obviousness attack. However, the step of identification of the closest prior art in the problem-solution approach creates a potential tension with one of … Read More