Tag Archives: amendment

Patentee-Friendly Claim Construction in the UK Courts?

Author: Hazel Ford Ph.D.
Editor:  Martin D. Hyden

The UK Supreme Court has handed down its judgment at the conclusion of a long-running dispute between Eli Lilly and Actavis.  The cases related to Eli Lilly’s patent, which claims the use of the drug pemetrexed disodium in combination with vitamin B12 in the treatment of cancer.  Actavis sought declarations of non-infringement for its proposed products which used pemetrexed diacid, pemetrexed ditromethamine or pemetrexed dipotassium in place of pemetrexed disodium.  Continue reading

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The Essentiality Test – Falling Out of Favour at the EPO?

Author: Katherine Banks Ph.D.
Editor:  Hazel Ford Ph.D.

The European Patent Office (EPO) has a notoriously strict approach when considering amendments to patent applications.  If an amendment extends the subject matter beyond the content of the application as filed, then the amendment is unallowable under Article 123(2) EPC.  This is assessed based on the “gold standard” test, which examines whether the skilled person would regard the amended subject-matter to be directly and unambiguously derivable from the application as originally filed.  Continue reading

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