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Coffeemix verdict stirs up confusion

ECJ to examine torpedoes

Trovan case breaks damages record

Seattle leaves issues unresolved

Enzo Biochem Inc v Calgene Inc, 52 USPQ2d 1129 (Fed Cir September 24 1999), is a case which illustrates that the patent practitioner´ s well-nigh intuitive impetus to obtain the broadest possible patent claims should at times be checked. The Court found invalid for non-compliance of the accompanying disclosure with 35 USC §112, ¶1 broad claims covering the application of so-called antisense process technology to both prokaryotic and eukaryotic cells and the resulting modified cells. (Eukaryotic cells are those from complex life forms, including plants, animals and fungi; prokaryotic cells are from simple, including unicellular, life forms, eg the common bacterium, E.coli, is a prokaryotic.)

According to the agreement between the Romanian government and the EPO, extensions of the European patent application to Romania can be requested for all European patent applications filed on or after October 15 1996. The extension is also available for European patent applications derived from an international application provided that both Romania and EP are designated, and the international filing date is on or after October 15 1996.

Singapore is often referred to as a food paradise. Given the plethora of cuisines and gastronomical delights, it is not surprising to encounter litigation in the food industry. But this year seems to yield a bumper crop of food-related trade mark disputes. This article provides a short summary of three of these cases, the brands of which may be familiar to some: Kelloggs Smacks for snacks; Kickapoo for soft drinks; and Rainforest Café for restaurants.

Innovation has been neglected ever since perestroika started in Russia in 1985. The blow had such an effect that innovation activities have not regained their former strength to this day. It is true that basic things have been done. After the emergence of private enterprise, the Law on Inventions was adopted in 1991 in the USSR and after its collapse, the then Russian law makers were surprisingly quick to pass a Patent Law in 1992.

Most EU countries have the experimental use exemption corresponding to Article 27(b) CPC in their patent acts. It states that: "The right conferred by the Community patent does not cover acts done for experimental purposes relating to the subject matter of the patented invention.

It is a requirement of Australian patent law that patent claims be fairly based on matter described in the specification. Therefore, claims that are wider in scope than the invention described in the specification, or claims that do not include a feature described as being essential in the specification are considered to lack fair basis.