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7 publications

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

Patentability of Antibodies: The new version of European Guidelines finally contains a dedicated section!

By Cécile PUECH, French and European Patent Attorney
C.PUECH.jpg The new version of the Guidelines for Examination in the EPO, which came into force on March 1st, contains a new section that at last spells out the approach of the EPO concerning the examination of patent applications relating to antibodies.
Published on: 19th March 2021

What impact will a BREXIT without a withdrawal agreement as of March 30, 2019, have on your IP assets, in particular patents, trademarks & designs, domain names?

By Christian TEXIER, Frédérique FAIVRE PETIT, Sylvain THIVILLIER, Evelyne ROUX, Partners, Cécile PUECH, Senior Associate and Anne CHANTELOUP, Intellectual Property Lawyer.
CTFFPEVR.PNG UK MPs overwhelmingly rejected the negotiated exit agreement of the EU by 432 votes against 202 on Tuesday January 15, 2019.
Published on: 21th Jan 2019

PPH: all possibilities are not equal

By Cécile PUECH, Senior Associate.
C.PUECH.jpg Over time, accelerated examination programs under the PPH (Patent Prosecution Highway), have proliferated. But does this simplify the task of applicants when a first office considers certain claims to be acceptable? In addition to limitations associated with the fact that an accelerated examination under the PPH may only be requested prior to the start of the examination, it appears that the benefit of filing a PPH request varies according to the applicant’s expectations, the country concerned and sometimes even the technical field of the invention… Rather than systematically filing PPH requests, a case-by-case analysis seems to be more appropriate for optimizing the examination of patent applications.
Published on: 10th Jan 2019

Book: Unitary Patent and the Unified Patent Court (French only)

​The Patent system in Europe will undergo major changes with the upcoming entry into force of the agreements establishing the Unified Patent Court and the Unitary Patent. Download the outline (french only) or order the book on the link below.
Published on: 24th Jan 2017

New tools to get your patents issued faster

By Cécile PUECH, European and French Patent Attorney
C.PUECH.jpg Recently, we have seen a growing number of tools that allow French and other European applicants to speed up the issuing procedure for some of their patents in various countries; this is particularly due to the development of PPH (Patent Prosecution Highway) programmes, which the European Patent Office (EPO) is involved in.
Published on: 9th Feb 2015