09.20.20

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High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

Posted in Europe, Patents at 6:01 am by Dr. Roy Schestowitz

King of the Hill/Copaxone: Another one for you, son! But dad, that's too much! No such thing as too many patents

Summary: The EPO’s ‘printing machine’ (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms

THE quality of European Patents (patents granted by the EPO) has collapsed under the watch of Benoît Battistelli and António Campinos. EPO staff would gladly attest to that experience, albeit discreetly (fear of retaliation). They know best what’s going on, unlike the politicians who occupy top roles in this rogue institution.

“The lawyers don’t really care; they profit from all those applications, lawsuits and even appeal/opposition motions. The bigger the mess, the more money they net, pocketing the budgets of what otherwise would have been the salary of technical people.”Some days ago another European Patent perished. It was a high-profile patent impacting a bunch of large firms so the lobbying site “Life Sciences Intellectual Property Review” ([1] below) along with Generics Bulletin wrote about it. The latter said: “Mylan has celebrated a reversal from the European Patent Office that has seen a key patent protecting Teva’s higher-strength 40mg/ml thrice-weekly version of Copaxone deemed invalid and revoked across Europe. Meanwhile, Teva has commented on the possibility of an appeal.”

There was also a press release (“Mylan and Development Partner, Synthon, Win Significant European Patent Office Ruling Related to Copaxone® 40mg/mL”) and there’s this upcoming chat wanting to “review how the EPO case law has developed since the EPO Board of Appeal revoked Bristol-Myers Squib’s dasatinib patent in 2017…”

Notice the pattern; in recent years, based on many case outcomes that we’ve tracked (and habitually included in Daily Links), the European Patents which go to court oftentimes perish. And it’s worth bearing in mind that some of the very worst European Patents will never even land in court (not at the higher levels).

The lawyers don’t really care; they profit from all those applications, lawsuits and even appeal/opposition motions. The bigger the mess, the more money they net, pocketing the budgets of what otherwise would have been the salary of technical people. Here’s what they do:

…discuss if and how innovators should adjust their filing and drafting strategy in light of the EPO’s post-dasatinib approach to plausibility.

They simply try to work around the rules to still get a bunch of imaginary/invalid patents (IPs). Later they wonder why interest in the EPO is decreasing. A piece of paper with no legal validity (or certainty once it goes to court) isn’t worth much.

Related/contextual items from the news:

  1. EPO revokes Copaxone patent, clears path for Mylan

    The European Patent Office (EPO) has invalidated and revoked a patent related to Teva’s multiple sclerosis drug Copaxone (glatiramer acetate injection), in a win for Mylan.

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