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Medical Diagnostic Methods More Freely Patentable in Europe
The European Patent Organisation ('EPO') has previously strictly prohibited protecting methods for medical treatment and diagnosis. However, a recent decision by the Enlarged Board of Appeals has clarified and restricted the grounds for rejection under Article 52(4) EPC on the basis of non-patentable subject matter. Thus, many diagnostic methods that were previously unprotectable in Europe may now be patented so long as they comply with the basic guidelines set forth in the opinion.
In G1/04 the Enlarged Board of Appeal stated that, to sustain a rejection for non-patentable subject matter, a claimed method must include steps from all of the following categories:
(i) an examination phase, during which data is collected;
(ii) a comparison of the data to standard values;
(iii) detection of a significant deviation in the course of the comparison; and
(iv) an attribution of the deviation to a particular clinical picture (i.e., a deductive decision phase).
Steps (i) to (iii) include technical and/or non-technical steps for making a diagnosis ' i.e., for collecting information and determining the way or ways in which the data differ from standard data representing, for example, characteristics of individuals free from a condition. That is, step (iii) may represent the identification of a symptom, while step (iv) is regarded as the diagnosis stricto sensu, involving the identification of a particular condition as the cause of the determined deviation or symptom. The step or steps constituting this diagnosis stricto sensu may be performed by a medical practitioner or automatically through the implementation of a device.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?