Start Invalidating patent claims

Invalidating patent claims

Signature Financial Group is no longer valid legal authority on this point.

The laws or patent practices of many countries provide that certain subject-matter is excluded from patentability, even if the invention is novel and non-obvious.

Together with novelty, inventive step or nonobviousness, utility, and industrial applicability, the question of whether a particular subject matter is patentable is one of the substantive requirements for patentability.

Nowadays these methods are excluded directly under Art. Under Article 52(1) EPC, "European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application." So, four questions need to be assessed: The first question "Is there an invention?

" is equivalent to: "Is the claimed subject-matter as a whole within the realm of patentable subject-matter?

A Pfizer spokeswoman declined Bloomberg BNA’s e-mail request for comment.

28 and a decision is expected within the next three months.

in the same federal district court for infringement of another Remicade-related patent, U. J&J’s global revenues for Remicade (infliximab) reached their peak in 2014 at $10.4 billion and declined 2.4 percent in 2015 due to competition from European biosimilars. 31 e-mail, “We will continue to defend our intellectual property rights and view Pfizer/Celltrion’s commercial launch prior to the outcome of these appeals to be an at-risk launch.” She added that J&J also is continuing the appeal process of the PTAB decision, for which opening arguments were held Sept.

District Court for the District of Massachusetts held Aug. J&J filed another suit against Pfizer and the Korean-based manufacturer Celltrion Inc. 7,598,083, and a decision in that case is expected within a month.

However, it provides in Article 52(2) EPC a non-exhaustive list of what are not to be regarded as inventions, and therefore not patentable subject matter: The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.

(In a previous EPC version some further items are excluded under Article 52(4) EPC, as formally being not industrially applicable, notable medical methods as applied by a physician or a veterinarian.

Pfizer, in its announcement of the expected November launch, said Inflectra will be shipped at a 15 percent discount to current wholesale prices for Remicade.