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Posted by / 07-Dec-2019 04:43

Invalidating a european patent

Opponents have been using US case law that distinguishes between language that provides a present assignment (e.g.I hereby assign) and language that creates an obligation of assignment (e.g I agree to assign) to argue that the successor in title listed on the PCT application did not have legal title until after the PCT application was filed, invalidating the priority claim.In Europe, in order to have a good priority claim the applicant listed on the priority application must be identical to the applicant listed on the International PCT application, or the successor in title to the applicant must be listed on the PCT application.

Dupilumab and REGN3500 were discovered using Regeneron's proprietary Veloc Immune technology that yields optimized fully human antibodies, and are being jointly developed by Regeneron and Sanofi under a global collaboration agreement. If you are taking asthma medicines, do not change or stop your asthma medicine without talking to your healthcare provider.

Earlier today, the Opposition Division of the European Patent Office (EPO) revoked Immunex's European Patent No. About Dupixent Dupixent comes in two doses (200 mg and 300 mg), each as a pre-filled syringe.

2,990,420 in its entirety because the claims were invalid for insufficiency of disclosure. Dupixent is intended for injection under the skin (subcutaneous injection) and is given every other week at different injection sites after an initial loading dose. as a treatment for adults with moderate-to-severe atopic dermatitis whose disease is not adequately controlled with topical prescription therapies or when those therapies are not advisable; and as add-on maintenance treatment for patients 12 years and older with moderate-to-severe asthma with an eosinophilic phenotype or with oral corticosteroid-dependent asthma.

Often provisional patent applications filed in the US have not been assigned prior to converting them to a PCT application.

Subsequently, the PCT application has been filed in the name of the assignee without the existence of a present assignment.

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There are a variety of best practices for ensuring valid priority claims in Europe.