All posts by Stijn Lagaert

CRISPR usage suddenly become patent infringement

Will CRISPR gene editing suddenly become patent infringement on June 1st?

The research exemption for patents has long been a vital mechanism in striking a balance between protecting inventors’ rights and promoting scientific exploration. Within Europe, Belgium historically provided a notoriously broad exemption relating to research. However, on the 1st of June this year, the Unified Patent Court will start. One of the aims of the new patent court is harmonization and Belgium and other countries that will join the system have aligned their patent law. The changes that have been introduced in the Belgian law will have an immediate impact on companies, universities and institutes and concern general research as well as research and development for medicines specifically.

Is double patenting permissible at the European Patent Office? (G4/19)

The Enlarged Board of Appeal (EBoA), the highest judicial authority under the European Patent Convention (EPC), issued its decision in case G4/19 (double patenting) on 22 June 2021, in which it held that a European patent application can be refused based on the prohibition on double patenting, i.e. if it claims the same subject-matter as a European patent which has been granted to the same applicant and does not form part of the state of the art pursuant to Article 54(2) and (3) EPC.

Patent term extension

Patent Term Extensions now available in China

Today, on 1 June 2021, the fourth amendment to the Chinese patent law will enter into force. In addition to an overall strengthening of the patent system, as we reported previously, significant changes have been introduced that are relevant to the pharmaceutical field.

Here, we want to alert you to the introduction of a completely new patent term extension system in China for pharmaceutical products. The mechanism is strongly inspired on the Patent Term Extension (PTE) system in the US and the analogous Supplementary Protection Certificates (SPCs) in Europe, but there are significant differences as well.