 |
| Managing global IP law from the garden patio. |
Patents
Jocelyn Bosse reviewed “Pharmaceutical, Biological and Chemical Patents: A Handbook” (Hart Beck Nomos 2026), authored by Marco Stief, Maximilian Haedicke and Annelie Wünsche. While published in English to reach an international audience, the volume focuses strictly on German patent law and jurisprudence, capturing case law up to March 2025. Jocelyn highlights that the bulk of this massive volume consists of valuable English translations of key German decisions, making it an essential resource for practitioners navigating pharma and life sciences patent litigation in Germany.
Rose Hughes analyzed EPO Board of Appeal decision T 0715/24 regarding a Bristol-Myers Squibb patent for nivolumab (OPDIVO) flat dosing. The patent was revoked for added matter. Rose explains how BMS attempted to use a paragraph in the description to give the term "monotherapy" an unusual meaning to cover certain combinations while escaping prior art. Applying G 1/24, the Board consulted the description but was unpersuaded that it altered the ordinary meaning of the term. Consequently, when tested against the application as filed, the claim was found to lack a direct and unambiguous basis. This decision serves as yet another warning against the use of "unusual definitions" in patent drafting and sets the stage for upcoming referral G 1/26.
Designs
Marcel Pemsel examined the General Court’s judgment in DecoTrend v EUIPO - B.K.Licht (Case T-40/25). The case clarifies how invalidity applicants should rely on earlier patents to attack EU designs. The Court confirmed that the assessment of individual character is conducted only in relation to the specific illustrations from the patent specification that are explicitly reproduced in the invalidity application, not the patent disclosure as a whole. Features described in the text but not discernible from those specific illustrations, such as whether the product is "foldable", are irrelevant to the design assessment.
IP News and Events
Verónica Rodríguez Arguijo
brought us Sunday Surprises. This week’s round-up spotlights:
- The upcoming 6th Annual ChIPs European Summit in Lisbon (November 19, 2026), focusing on "Leadership for an Intelligent Age."
- A call for papers for the 24th ACEI International Conference on Cultural Economics in Bogotá, with support available for researchers from developing countries.
- The EUIPO has published the first registered EU designs represented in video and 3D formats following the recent legal reform. Meanwhile, WIPO has launched the "Innovation Capabilities Navigator," an interactive dashboard mapping big data to outline innovation strengths across 190 economies.
Image credit: Gemini AI
