Fuchs Patentanwälte Partnerschaft mbB

Today's #ECJ Teva and Teva Finland judgement restricts #SPC granting for SPCs on Combination Drugs By the #ECJ final #Teva ruling of 19 Dec 2024 regarding Art. 3a) and 3c) of Regulation 469/2009 (Teva and Teva Finland, Merck Sharp & Dohme, C-119/22 and C-149/22) the ECJ decided: ✅ Active ingredients and combination of active ingredient are distinct products within the meaning of Art. 3c) of the Regulation. However ❗ for a product to be protected by a basic patent within the meaning of Art. 3a) of the Regulation it is not enough that the combination is explicitly mentioned in the claims. ❗The basic patent must disclose a synergistic effect of the combination, if one of the combined active ingredients is a compound known from the prior art. Does this provide the desired clarity? When granting an SPC, must the active ingredient constitute the ‘subject matter of the invention’ or is the focus to be placed on the wording of the claims, in line with the explanations in Royalty Pharma? In today's judgment, the ECJ distances itself from previous decisions, as Art. 3a) and 3c) of the Regulation were mixed up there. The ECJ is very clear in its statement that Articles 3a) and 3c) are to be applied independently of and cumulatively with one another. While the conditions of Art. 3c) will not pose problems in the future, the ECJ limits the options for innovators under Art. 3a) to obtain further SPC protection for combination products. Please feel free to reach out to us! Markus Rieck and Christian Läufer welcome discussions on intellectual property strategies in the area of Pharma, Biotech and Medtech. » https://lnkd.in/dVXn7Pam   #Biotechnology #MedTec #IntellectualProperty #patent

Are “carry-over requests” – i.e. auxiliary requests that have been filed during the #opposition proceedings but have not been decided on because a higher ranking request has been found allowable – only maintained if the proprietor expressly states this at the end of the oral proceedings? In the #EPO board of appeal decision T 1522/20 / Direct Drive Endoscopy system published on 9 Dec 2024, the EPO found that the patent proprietor's confirmation of the auxiliary requests at the beginning of the oral proceedings meant that the auxiliary requests were maintained throughout the proceedings The board was therefore not authorized to disregard any carry-over request in the appeal proceedings. Further, and not surprisingly, the Board of Appeal decided that it is presumed in the patentee’s favor that a valid #priority transfer has taken place as long as the challenging party does not provide proof for rebuttal of presumption. This follows G 1/22 and G 2/22. Based thereon the contested patent has been maintained based on “carry-over” auxiliary request 4. We welcome this decision as it takes into account the actual will of the parties instead of giving priority to excessive formal requirements. Please feel free to reach out to us! Markus Rieck and Christian Läufer welcome discussions on intellectual property strategies. #MedTec #IntellectualProperty #carry_over_requests

Anti-PD1 #antibody formulations with stability for commercialization – inventive or merely a bonus effect? The #EPO Board of Appeal decision T 0810/22 (Pembrolizumab formulation/MSD) on 24-10-2024 addressed whether anti-PD1 antibody formulations with stability for commercialization are #inventive, even if obtainable by following routine formulation protocols for early clinical trials. The decision highlights that the optimization process required to achieve long-term stability suitable for late clinical development and marketing goes beyond routine work, involving significant time and effort, thus supporting its inventive step. With this welcome decision, the Board of Appeal shows that it takes into account the real situation in the development of antibody formulations. Antibody formulations can be based on an inventive step, even if the usual excipients are used. #FuchsIP #PatentLaw #Biotech

We are pleased of being listed as one of the top Patent law firms by #JUVE Patent in its Ranking #2024 once again. This recommendation reflects our commitment to excellence and creativity in the field of #patent law and intellectual property strategies. Please feel free to reach out to us! https://www.fuchs-ip.eu/

At the forefront of innovation, our patent attorneys Markus Rieck, LL. M. and Nico Riffel, Dr. will be attending #BIOEurope 2024 in Stockholm, Sweden from November 4-6 to engage with industry professionals. Are you attending BIO-Europe 2024? Then feel free to reach out to Markus Rieck, LL. M. and Nico Riffel, Dr.! With their extensive expertise in the sector of pharmacy and biotechnology, they look forward to exploring potential partnerships and maximizing the value of your innovations! #BIOEurope #BIOEurope2024 #Biotechnology #Pharmaceuticals #IntellectualProperty #PatentLaw #Biotech #Innovation #FuchsPatentanwälte #FuchsIP #Partnering

We are pleased to announce that Markus Rieck, LL. M. and Nico Riffel, Dr. will be attending this year’s BioRN Life Science Cluster Rhine-Neckar Annual Conference on October 9th in Heidelberg. The BioRN Annual Conference is a major opportunity for professionals in the biotech and life sciences sectors to connect and collaborate. With more than 100 members, including research institutions within top universities and leading pharmaceutical companies, BioRN is at the forefront of health innovations, particularly in personalized medicine and cancer research. This vibrant network fosters collaboration among stakeholders, creating a robust translational infrastructure. As part of the Biocluster Alliance Health Axis Europe (HAE), BioRN enhances international partnerships, positioning itself as a key player in advancing biotechnology research and driving economic growth. Please feel free to reach out to us! Markus Rieck, LL. M. and Nico Riffel, Dr. welcome discussions on intellectual property strategies and the complexities of patent protection in the biotech arena. With extensive experience in developing patent portfolios for both established biotech leaders and emerging start-ups, we are eager to hear about your initiatives. See you at the #BioRNConference! #BioRNConference #BioRN2024 #PatentLaw #Biotech #Innovation #FuchsPatentanwälte #FuchsIP

We are thrilled to announce that Fuchs Patentanwälte has been listed by the Financial Times and Statista as one of this year's “Europe's Leading Patent Law Firms”. This accomplishment reflects our commitment to excellence and creativity in the field of patent law. We would like to thank all our clients and partners for their support. #FuchsIP #FT #Statista #PatentLaw #Innovation #Excellence Each year, the Financial Times and statistics database Statista identify leading patent law firms in Europe, based on recommendations from clients and colleagues. We are delighted that Fuchs Patentanwälte has been included in the 6th edition of the Financial Times' Special Report "Europe’s Leading Patent Law Firms 2024". https://lnkd.in/eQxP7Bma

We are thrilled to announce that Fuchs Patentanwälte has been listed by the Financial Times and Statista as one of this year's “Europe's Leading Patent Law Firms”. This accomplishment reflects our commitment to excellence and creativity in the field of patent law. We would like to thank all our clients and partners for their support. #FuchsIP #FT #Statista #PatentLaw #Innovation #Excellence Each year, the Financial Times and statistics database Statista identify leading patent law firms in Europe, based on recommendations from clients and colleagues. We are delighted that Fuchs Patentanwälte has been included in the 6th edition of the Financial Times' Special Report "Europe’s Leading Patent Law Firms 2024". https://lnkd.in/eQxP7Bma