16 February 2011
As previously reported here, the EU Commission recently presented a proposal for 'enhanced cooperation' on the creation of a unitary EU patent. The European Parliament has just consented to the use of this procedure. All member states, with the exception of Italy and Spain, have indicated that they plan to sign up to the unitary system.
03 February 2011
As recently reported on this website (see article here) the EPO Enlarged Board confirmed that a novel dosage regime can confer novelty on a 'second medical use' claim. Hence, a claim to a known substance or composition for a specified medical use involving a specified dosage regime may be patentable at the EPO, even where the dosage regime is the only novel feature of the claim. However, the national courts and national patent offices in the various EPC Contracting States are not bound to follow this ruling, which has resulted in some conflicting decisions.
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