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Chemical-pharmaceutical patent applications filed during the period in which an epc reservation was in force: has Supreme Court case law become obsolete?

23 de febrero, 2015

1. Supreme Court case law
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Of late and to the extent that protection did not extend to product claims where such a reservation was entered upon accession to the European Patent Convention (EPC), one of the main problems related to chemical-pharmaceutical patents has concerned the effects of the entry into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Clearly, the problem arises in Contracting States, such as Spain or Greece, which, under art. 167(2) EPC, reserved the right to provide that European patents, insofar as they confer protection on chemical or pharmaceutical products, as such, shall be ineffective or revocable...



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