Search

Inventions involving biological material often meet the sufficient disclosure requirement only by complementing written description with a deposit of that material in depositary institutions under the regime of the Budapest Treaty. Attention in drawn to the structural-informational nature of biological inventions, which requires special legal treatment as it is reflected in the expert solution adopted in the EPC and in the EU Biotech Directive. Discussed also are consequences of the amendments of claims in published patent applications and granted patents with references to deposited material. [ABSTRACT FROM AUTHOR]

On July 9, 2014, the EU Commission imposed fines on the French pharmaceutical company Servier and a number of generic drug producers for violating arts 101 and 102 TFEU by concluding so-called "pay-for-delay" patent settlement agreements. Despite a length of more than 900 pages, the decision does not address or discuss a number of underlying facts which are equally relevant for antitrust and patent law considerations. Their presentation and analysis in the light of the new Commission's approach are the primary focus of this contribution. [ABSTRACT FROM AUTHOR]