Rose Hughes
analysed the UPC Court of Appeal's decision in
Amgen v Sanofi, noting that while the court overturned the first instance revocation on inventive step, it largely aligned with the EPO's approach to sufficiency for broad functional antibody claims. She highlighted the court's distinction between a mere "
hope to succeed" and a "
reasonable expectation of success", confirming a harmonised standard for antibody inventions in Europe.
Jocelyn Bosse
unpacked the European Commission's new study on IP and agricultural biotechnology. The post examines the delicate balance between patents, which incentivize investment in New Genomic Techniques (NGTs), and Plant Variety Rights (PVRs), which ensure breeder access, warning that the rise of NGT patents could shift market dynamics and impact the diversity of available varieties.
Claire Gregg
reported on a seismic shift in Australian patent law following the Full Federal Court's decision in
Otsuka v Sun Pharma. The court ruled that formulation patents are no longer eligible for Patent Term Extensions (PTE), a decision that overturns 35 years of established practice and places many existing and future extensions in jeopardy.
