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In 2022 we started the NLO Academy to show our appreciation for our clients, in particular the in-house patent attorneys with whom we work closely together. The positive reactions we received for the previous editions of the NLO Academy encouraged us to organise this year’s edition. The event will cover the afternoon and will credit you with “3 PE points” and aims to provide you with new useful insights and the opportunity to participate in stimulating discussions with other patent attorneys.
Programme
- 12:00 – 13:00 | Registration and lunch
- 13:00 – 14:00 | Update on the UPC
Mari Korsten (Dutch and European patent attorney at NLO) will discuss the UPC’s perspective on second medical use patents. Tjibbe Douma (IP lawyer at Bird & Bird) will look at the developing case law of the UPC, and discuss to what extent it corresponds with, or departs from, the established case law of the EPO.
- 14:00 – 14:45 | EPO Enlarged Board of Appeal – recent decisions and referrals
The EPO’s Enlarged Board of Appeal has recently issued its decisions G1/23 and G1/24. Based on decision G1/23, Marion Bruin (Dutch and European patent attorney at NLO) will consider when a marketed product belongs to the state of the art. Wannes Weymiens (Dutch and European patent attorney at NLO) will discuss decision G1/24, which clarifies when the description and drawings must be considered for the interpretation of the claims. Consequences these decisions may have on the drafting of patent applications will be touched upon.
- 14:45 – 15:15 | Break
- 15:15 – 16:15 | Competition law and divisional patenting
Certain facets of patenting intersect with aspects of competition law. Starting from the recent European Commission decision in the Teva Copaxone case, wherein Teva was fined for abusing its dominant position to delay competitors, Carlos van Staveren (IP lawyer at Bird & Bird) will discuss patent and divisional practices from an antitrust perspective.
16:15 – 17:00 | US Practice
In the beginning of 2025, the USPTO introduced a new fee schedule with far-reaching practical effects for all applicants. Catherine Shultz (US and European patent attorney at NLO) will discuss how US prosecution strategies are impacted by the new fee schedule.USPTO examiners are known to sometimes cite combinations of numerous references to support assertions of obviousness. Tamara Stegmann (US patent agent, Dutch and European patent attorney at NLO) will explain the so-called “motivation to combine” criterion.
- 17:00 – 18:30 | Drinks