Insights

The Genetic Technology Bill – announced on the 25 May 2022 by the Department for Environment, Food and Rural Affairs (Defra) – aims to take advantage of the UK’s post-Brexit position and relax the regulation around precision breeding.

Cadbury finally hits a purple patch: Paul Harris, Head of Litigation at Dehns, provides a case analysis of Nestlé v Cadbury.

In this episode of The IP Podcast, Dehns Partner Mark Bell looks at a major topic in the IP world, and certainly the biggest and most significant change to the European Patent system for nearly 50 years – the introduction of the Unified Patent Court and the Unitary Patent.

Methods for treatment of the human or animal body by therapy (or surgery) are excluded from patent protection at the EPO under Article 53(c) EPC. The purpose of the exclusion is to avoid restricting the activities of medical and veterinary practitioners. In contrast, purely non-therapeutic methods of treatment, e.g. purely cosmetic methods, are permitted.

On face value, the EPO’s approach seems clear and navigable. However, in practice the waters are murkier.

Plant Variety Rights (PVRs), also known as Plant Breeders’ Rights (PBRs), are an important form of intellectual property for plant breeders seeking protection for their investment in the generation of a new variety of plant. As many patent offices, including the European Patent Office (EPO) and UK Intellectual Property Office (UKIPO), have provisions that exclude individual plant varieties from patent protection, PVRs represent a valuable asset for plant breeders in many countries.

In the second episode of The IP Podcast’s UPC special, Dehns Partner Mark Bell discusses what factors people need to consider when deciding on the best course of action for their patent, patents or patent applications, including:

• Where does the patent owner or applicant wish to obtain patent protection?
• The costs of validation and renewal for European patents
• Will the jurisdiction of the Unified Patent Court (UPC) be a potential problem?
• Loss of flexibility in managing the patent portfolio over the life of a European patent

All these questions and more, answered in less than 30 minutes!

Invention harvesting, or invention mining, is an important process for any company looking to build or expand a patent portfolio.

As many in the life sciences and chemical sectors await the G2/21 decision, Jonathan Bailey, Associate in the Dehns Chemical Group, discusses how much experimental data is needed for patent applications in Europe.

Read Neil Campbell’s latest thinking on how far a commercial product placed on the market becomes part of the state of the art.  Neil will be speaking at LSPN in San Francisco on 1 November.

The contributions of both generic and innovator companies to our healthcare systems are essential, and a balance must be struck between their competing interests to ensure the system works at its best.

In this episode of The IP Podcast, Senior Associate Daniel Rowe discusses a topic relating to the biotechnology and pharma industries: repurposed drugs and skinny labelling.

Tune in to hear Dan answer:

• What are repurposed drugs and why are they important?
• Can repurposed drugs be patent protected even though the patent covering the original drug may have expired?
• What is a skinny label?

All these questions and more, answered in less than 20 minutes!

Arrow declaration misses its target: Paul Harris, Head of Litigation at Dehns, considers the extent to which the Patents Court will go in order to provide a “spin-off value” for one party, in the courts of another jurisdiction.

Can adding the company name to a mark avoid infringement?: Lauren Palmer, Legal Assistant at Dehns  provides a case analysis of Combe International v Dr Wolff