Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Canadian Supreme Court Rejects Promise Doctrine as Test for Utility
In AstraZeneca Canada Inc v Apotex Inc the Supreme Court of Canada unanimously rejected the promise doctrine as a test for determining whether the utility requirement has been satisfied on the basis that it is incongruent with both the words and the scheme of the Patent Act.
EPO Applies European Commission Criteria Excluding Claims to Plants and Animals Obtained by Essentially Biological Processes
With effect from 1st July 2017 the EPO has resumed examining patent applications containing claims to plants and animals obtained by essentially biological breeding processes.
IPONZ Joins Global Patent Prosecution Highway
On the 6th July 2017 IPONZ joined the Global Patent Prosecution Highway (GPPH) pilot program.
UK Supreme Court Favours Doctrine of Equivalents over Purposive Construction
In Actavis UK Ltd v Eli Lilly and Company the UK Supreme Court held that patent infringement can be established on a doctrine of equivalents basis, thereby giving UK patents a wider monopoly than they would have under a purposive construction.
United States of America
USPTO Issues Report Canvassing Issues and Perspectives on Patent Eligible Subject Matter
Following roundtable discussions with interested parties last year, the USPTO has now issued a Report on Views and Recommendations from the Public regarding Patent Eligible Subject Matter.