In his recent article, Robin Ellis summarised the key take-home messages from the UK Supreme Court judgement in Regeneron v Kymab.In this article Andrew Carridge takes a more in-depth look into the concept of a ‘principle capable of general application’, exploring when broad claims may be justified and when claims may legitimately cover as yet undiscovered embodiments.
Insights: Technical Insights
Following our recent blog on the shortlist of finalists for the 2020 MacRobert Award, the Royal Academy of Engineering has now announced that the winner of the 2020 MacRobert Award is JCB, with the 19C-1E electric digger.
On 9th July 2020, the Court of Justice of the European Union (CJEU) handed down their emphatic judgement concerning Supplementary Protection Certificates (SPCs) in Santen v INPI (C‑673/18). For those interested in the details and history of the case they can be found in my earlier blog, published in January, where I discussed the Advocate General’s preliminary and non-binding opinion. As far as this judgement is concerned the conclusion is clear: “a marketing authorisation (MA) cannot be considered to be the first MA … where it covers a new therapeutic application of an active ingredient, or of a combination of active ingredients, and that active ingredient or combination has already been the subject of an MA for a different therapeutic application” – emphasis added Put another way, the CJEU has decided that the literal wording of Articles 1(a), (b) and 3(d) of the SPC Regulation mean what they say. The previous CJEU decision in Neurim is consigned to the scrapheap.
Reddie & Grose’s Brighton-based trade mark attorneys report on the most recent football team trade mark application to catch the headlines. Brighton and Hove Albion FC (‘BHAFC’) have caused a bit of a stir in the press and among some of their fans by applying to register ALBION and THE ALBION as UK trade marks. The concern is that BHAFC have unjustly laid claim to an ancient name for the British Isles and that this move will cause problems for the many local businesses that also use the word ALBION. We love seeing the mainstream press pay attention to trade mark applications, but in this case fans need not worry about BHAFC overstepping the mark with their trade mark protection.
On 24th June 2020 the UK Supreme Court handed down their judgement addressing the question of breadth of claim and sufficiency. Although the decision is well written, its background is in biotechnology which is likely to dissuade a lot of people from reading it and/or understanding its broader implications. So with this in mind, here’s my attempt to explain Regeneron v Kymab sufficiency using … TELEPORTATION.
NASA is now asking the People of the World to take the cutting edge of toilets (forgive the phrase) one step further with their “Lunar Loo Challenge”, which launched last week. In doing so, NASA have offered a total of $35,000 in prize money for designs for a toilet that can work both in the microgravity of space as well as the low, but not insignificant, gravity of the lunar surface (which I’m sure you all know to be about a sixth of that on Earth).
For over 50 years the MacRobert Award has been recognising world-leading engineering innovations developed in the UK. Originally founded by the MacRobert Trust in 1969, the award has since become the UK’s longest-running and most coveted prize for UK engineering ingenuity. The annual award is now run by the Royal Academy of Engineering, and honours engineering achievements that demonstrate outstanding innovation, tangible societal benefit and proven commercial success. The list of past winners of the award serves as an impressive reminder of the wide-ranging capabilities of British engineers.
In a concerted effort to tackle climate change, countries around the world have proposed to ban conventional petrol and diesel cars within the next few decades, paving the way for an electric vehicle revolution. In our previous blog, The Future Of Automotive Powertrains, we found that in the realm of patents, car manufacturers favour batteries (and lots of them) to power their electric vehicles. In this blog we look at the capabilities and shortcomings of batteries and how fuel cell technology may yet play a part in powering our transport networks.