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The judgment of the CJEU in the Santen case: A new medical use of an existing product and an SPC eligibility

The judgment of the CJEU in the Santen case: A new medical use of an existing product and an SPC eligibility

When it comes to conditions of the grant of a supplementary protection certificate (SPC), we covered this matter in our previous Legal Report that was published over summer. We indicated that issues related to SPCs are a subject of extensive, continuously expanding caselaw of the Court of Justice of the European Union (CJEU). Whereas the last time we focused on the decision of April 30, 2020 in...
The conditions for granting an SPC: a product is covered by patent claims if it was identifiable at a filing date (the judgment of the CJEU in Royalty Pharma case)

The conditions for granting an SPC: a product is covered by patent claims if it was identifiable at a filing date (the judgment of the CJEU in Royalty Pharma case)

The conditions for granting a supplementary protection certificate (SPC) laid down in the EU law quite often raise some serious doubts and notoriously cause problems in practice. The Court of Justice of the European Union (CJEU) has frequently presented its position on that matter: the judgment in the case C-650/17 Royalty Pharma Collection Trust against Deutsches Patent- und Markenamt of April...
Deposit of Biological Materials

Deposit of Biological Materials

In this issue of the WTS Legal Report we would like to discuss a matter of great practical significance: Polish and international regulations concerning the deposit of biological materials. One of the grounds on which the Polish Patent Office can make a decision refusing patent protection is insufficient disclosure of an invention (Article 49 Section 1(2) of Act of June 30, 2000 on...