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Accelerating examination to obtain a US patent

By Bailey ZIEGLER, US Patent Attorney
Ziegler_Search.jpg The speed of examination at the US Patent Office (USPTO) to obtain a US patent can be excessively long for some patent applicants. This may be especially true for applicants in technical fields with limited periods of commercial advantage. Nevertheless the USPTO offers multiple initiatives to advance the speed of examination.
Published on: 4th May 2022

Chile and Cape Verde will join the international trademark system on 4 and 6 July 2022

By Evelyne ROUX, Managing Partner
ROUX_SEARCH_2013.jpg It is now the turn of Chile and Cape Verde to join the international trademark system as of July 4 and 6, 2022. Given its wide geographical coverage and simplicity, this system has become increasingly adapted to worldwide business development strategies and their trademark portfolios.
Published on: 2nd May 2022

Whether or not to opt out of the competence of the unified patent court: another issue for european patent owners

Par Frédérique DURIEUX et Stéphanie MASSIN CELAIRE, French and European Patent Attorneys
DURIEUX_CELAIRE.png The Unified Patent Court will have exclusive competence for all European patents, as well as for supplementary protection certificates (SPCs) granted for a product protected by a European patent. If this exclusive competence is obligatory for European patents with unitary effect, it will be possible, during a transitional period, to opt out of the UPC’s exclusive competence for European patents not benefiting from the unitary effect. European patent owners should therefore start thinking about their opt-out strategy now.
Published on: 21th April 2022

International Design : 1 registration for 93 countries, China next

By Caroline HUGUET-BRAUN, European and French Trademark Attorney
0743-C.HUGUET.jpg Designs, reflecting quality and commitment to innovation have become the new weapon of business competition, even becoming a means of identification in the same way as a trademark.
Published on: 19th April 2022

European patent with unitary effect: soon it will be time to choose !

By Frédérique DURIEUX and Stéphanie CELAIRE, French & European Patent Attorneys
DURIEUX_CELAIRE.png The European patent with unitary effect will come into force in a few months. Now is therefore time for applicants for European patents to define their strategy.
Published on: 1st March 2022

CRISPR/Cas9: a nebula of patents

By Lucile VERNOUX and Nicolas BOUQUIN, French and European Patent Attorneys
VERNOUXBOUQUIN.PNG Discover an extract from the Immunowatch, a one-of-a-kind newsletter in the field of immunotherapy published by our partner Mabdesign, which contains an in-depth analysis on CRISPR/Cas9 patents, and its challenging licensing landscape, conducted by Lucile Vernoux and Nicolas Bouquin.
Published on: 18th Feb 2022

Protecting by patent a drug combining two known active ingredients: is it possible ?

By Aurélia VAVASSEUR, European and French Patent Attorney
A.Vavasseur.jpg More and more therapeutic treatments are based on the combination of two (or more) distinct active ingredients. It is possible to obtain patent protection for such a combination under certain conditions...
Published on: 30th Dec 2021

Dosage or administration regimens are patentable in Japan, but inventive step may be tricky!

By Lazarina CHOISNEL and Cécile PUECH, French & European Patent Attorneys
CHOISNEL_PUECH.jpg Inventions relating to a new dosage or administration regimen of a compound with a known therapeutic use are not excluded from patentability in Japan. However, it may be difficult to defend their inventive step.
Published on: 23th Dec 2021

American and French Patent Offices Enter into a PPH Agreement

By Bailey ZIEGLER, US Patent Attorney
Ziegler_Search.jpg On November 8, 2021, the United States Patent and Trademark Office (USPTO) and the National Institute of Industrial Property of France (INPI) entered a Patent Prosecution Highway (PPH) agreement. Effective December 1, 2021, applicants for a French patent receiving a positive opinion for patentability from the INPI may request accelerated examination at the USPTO using the PPH Pilot program.
Published on: 2nd Dec 2021

Does Brexit impact the UK's ABS law ?

By Gabrielle FAURE-ANDRE, French & European Patent Attorney
v2387-Gabrielle FAURE-ANDRE.jpg The British law transposing the Nagoya Protocol is very different from French law in this area , as it does not impose any constraints on users of genetic resources taken from British territory. It nevertheless ensures that any person (or organization) using, on British territory, a genetic resource taken from a country that has adopted binding rules on access and benefit-sharing (ABS) respects these rules. To this end, the United Kingdom has adopted the so-called "compliance" measures defined in EU Regulation No. 511/2014 which, however, no longer applies to them since 1 January 2021.
Published on: 29th Nov 2021

Continuing applications : pointers for european applicants on creating US patent portfolio

By Bailey ZIEGLER, US Patent Attorney
Ziegler_Search.jpg According to a study of applications filed at the USPTO in fiscal year 2015, approximately 30% of applications filed were continuing applications. As many US claim drafting principles stand in stark contrast to their European counterparts, European applicants may be missing out on the unique opportunity to create a diverse US patent portfolio through continuing application filings.
Published on: 25th Nov 2021

Patentability of dosage requirements: towards an easing of requirements in canada

By Lazarina CHOISNEL and Cécile PUECH, French & European Patent Attorneys
CHOISNEL_PUECH.jpg In contrast to that of the United States, Canadian patent law excludes therapeutic methods from patentability on the grounds that physicians should not be hampered in their practice of medicine. However, as in many countries that also have this exclusion, it is possible to protect the use of a compound or a composition for therapeutic purposes in Canada, provided that an appropriate claim format is used.
Published on: 28th Oct 2021

BIG BANG - Transition date for new sequence listing standard

By Raphaëlle GILLET and Sara HAINES, European Patent Attorneys
GILLET_HAINES.png The new ST.26 standard has been established by the World Intellectual Property Organization (WIPO) for sequence listings. It has the advantage of providing a single format that is acceptable for all international and national procedures.
Published on: 20th Oct 2021

Antibodies defined by functional features: Beware of sufficiency of disclosure !

By Cécile PUECH, French & European Patent Attorney
C.PUECH.jpg While European case law has long since limited the cases in which an antibody can be claimed solely by functional features, U.S. case law has recently moved in the same direction. Following two decisions by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) involving Amgen and Sanofi, it could be argued that the U.S. case law has taken a more drastically limited view on claiming antibody functional features.
Published on: 13th Oct 2021

Patentability of in vitro diagnostic methods in Canada: A favorable evolution!

By Armelle LEONARD and Cécile PUECH, French & European Patent Attorneys
LEONARD_PUECH.png In vitro diagnostic methods are generally characterized by a physical step of detection or quantification of one or more analytes and a step of correlation with a pathology or predisposition. For a long time, the Canadian Intellectual Property Office (CIPO) focused its analysis on the second step, thereby reducing diagnostic methods to a simple mental process (e.g., abstract idea) and inevitably bringing such methods into the category of inventions “excluded from patentability.”
Published on: 6th Oct 2021

How to assess patent quality ? (2/2)

Par Guillaume SCHWAB, IP Intelligence Specialist
Schwab_search.jpg Following our previous article presenting the different methods of rating patent quality, this publication outlines the new quality assessment method developed by Regimbeau. This new solution uses strategic information available in patent databases to assist the evaluator with legal, technological, economic, and geo-temporal criteria.
Published on: 8th Sept 2021

SMEs: Receive funding for trademarks and designs

By Caroline HUGUET, French Trademark Attorney & European Trademark and Design Attorney
0743-C.HUGUET.jpg The "Ideas Powered for Business" SME funding program initiated by the EUIPO and the European Commission opens, on September 1st, a new and final one month window to submit your funding requests!
Published on: 26th Aug 2021

More revoked patents in the CRISPR/Cas9 saga: The plot thickens

By Lucile VERNOUX and Nicolas BOUQUIN, French & European Patent Attorneys
VERNOUXBOUQUIN.PNG It is getting increasingly difficult to keep track of all the developments of the patent battle around the CRISPR-Cas9 technology. In a new turn of the story, patent EP 3 241 902 owned by University of California has been revoked by an Opposition Division of the European Patent Office.
Published on: 14th Jul 2021

European patents with unitary effect | Unified Patent Court: Toward a start in the first half 2022?

By Jean-Robert CALLON DE LAMARCK, Managing Partner
CALLON_SEARCH.jpg A few days ago (decision of June 23, 2021, published on July 9), the German Constitutional Court rejected two preliminary injunctions which had been filed against a new act of approval voted by Parliament, on the grounds that the plaintiffs did not demonstrate the violation of their fundamental interests.
Published on: 12th Jul 2021

EPO : a new Decision facilitates EP patent prosecution for applicants claiming priority in People’s Republic of China

By Thomas MOISAND, Senior Associate, French & European Patent Attorney
MOISAND_SEARCH.jpg The EPO has recently issued a Decision, that will facilitate and streamline the prosecution of European patent applications (Paris Convention applications or Euro-PCT applications) for applicants who claim priority of a first filing made in the Peopleʹs Republic of China.
Published on: 9th Jun 2021

Mediation? A real strategic choice !

By Frédérique FAIVRE PETIT, Managing Patner, Mediator
Faivre-Petit_search.jpg Choosing mediation is giving yourself real chances to get out of a deadlock, it is giving yourself the means to find common ground under good conditions, so it is quite the opposite of a decision by default, it's a real strategic choice!
Published on: 9th Jun 2021

How to assess patent quality ?

By Guillaume SCHWAB, IP Intelligence Specialist
Schwab_search.jpg Financial valuation of intangible assets is a complex process. In the case of patents, before applying one or more method(s) for estimating a value, a qualitative evaluation step is necessary in order to capture patent imperfections. This article focuses on the main methods used to perform this type of assessment to date.
Published on: 9th Jun 2021

Google Search: Removing content from Google option

By Nicolas DEMILLY, French Trademark Attorney & European Trademark and Design Attorney
Demilly_search.jpg Google updated in June 2020 its removing content proceedings by adding another option: “counterfeit: sale of counterfeit: sale of counterfeit goods”.
Published on: 31th May 2021

Agenda

Montpellier
28
JUNE

10th Antibody Industrial Symposium AIS2022

Raphaëlle GILLET and Nicolas Bouquin will be speaking on June 28, 2022, at the 10th edition of the AIS, the major symposium in the field of therapeutic antibodies.

Press room

Décideurs Magazine - 2022 Ranking

Décideurs Magazine has published its annual rankings, identifying the best IP law firms in France. REGIMBEAU is once again ranked in the “indispensable” category for “Patents General Classification”, “Physics, Mechanics & Construction Patents”, Chemistry, Biology and Life Sciences Patents” and “Electronics, Telecoms and New Technologies Patents” and “excellent” in “Trademarks & Designs”.
Published on: 2nd May 2022