Very proud to be ranked in @Leaders League 2020 in #iplitigation, #patent prosecution and #trademark prosecution in Argentina. Congratulations to Pedro Berkenwald, Alicia Alvarez Berkenwald, Ernesto Machicote, Federico Ulled and Barbara Porcario! #leadersleague
Procedure for expanding production categories
Procedure for carrying out the initial authorization of a company
Procedure for expanding production through authorized third parties
Regulatory Affairs & Compliance
The Enlarged Board of Appeal of the European Patent Office (EPO) confirmed in its most recent decision that plants and animals exclusively obtained by essentially biological processes are excluded from patentability.
This would be the final chapter in a debate that had the Technical Boards of Appeal of the EPO against the European Commission and the Administrative Council of the European Patent Organisation, and which may be summarised as follows:
- Article 53(b) EPC excludes from patentability essentially biological processes for the production of plants or animals.
- In 2015, the Enlarged Board of Appeal had concluded that this exclusion did not extend to plants or animals exclusively obtained by means of an essentially biological process, according to decisions G 2/12 (“Tomato II”) and G 2/13 (“Broccoli II”).
- In 2017, the European Commission promoted the amendment of Rule 28 EPC by the Administrative Council, based on the interpretation of Directive 98/44/CE, thus explicitly excluding plants and animals obtained exclusively by means of essentially biological processes.
- Recently, a Technical Board of Appeal refrained from applying amended R28, arguing that it would be contrary to the European Patent Convention, referring to the Enlarged Board’s decision of 2015.
- In the face of this legal uncertainty, the President of the EPO referred the question to the Enlarged Board in 2019.
- In Decision G 3/19 “Pepper”, the Enlarged Board changed its position and ruled that the exclusion from Art 53(b) also applies to plants and animals exclusively obtained by means of an essentially biological process.
In reaching this conclusion, the Enlarged Board adopted a dynamic interpretation of the Convention, recognising that the 2017 Rule amendment leads to an interpretation that is contrary to the 2015 decisions.
Furthermore, the Enlarged Board claims that this decision shall not have retroactive effect on European patents granted, or pending applications filed, before 1 July 2017, date on which the amended Rule came into force.
The foregoing would not modify patentability before the EPO of plants and animals that are not exclusively obtained from essentially biological processes. For instance, it would be possible to obtain a European patent for genetically modified plants or animals, as long as they are not obtained from traditional reproduction and selection methods.
Amid the COVID-19 sanitary emergency, the Ministry of Health and the Ministry of Productive Development issued a joint resolution by which companies producing, distributing and commercializing critical sanitary supplies that mitigate the spread of COVID-19 or treat it therapeutically or cure it, are summoned to increase the production, distribution and commercialization of these supplies to the maximum of their installed capacity.
It was also established that the companies dedicated to the commercialization and distribution of said supplies must grant purchasing priority to the sanitary entities determined by the Ministry of Health.
The manufacturing of critical sanitary supplies must be reported to ANMAT by submitting an application on the “Remote Procedures” (TAD) platform of the “Electronic Document Management” (GDE) system.
To access the instructions to carry out this procedure, click here.
LIST OF CRITICAL SANITARY SUPPLIES
Adult Ventilator – Pediatric Transport Ventilator – Volumetric infusion pumps – Syringe infusion pumps – Hospital Bed – Intensive Care Bed – Cardiac arrest cart with defibrillator – Multiparametric monitor – Pulse oximeter (With display) – Pulse oximeter – Active humidifiers – Portable ultrasound – Manual resuscitator – Manual aspirators – Foot blood pressure monitor – Oxygen tubes Equipment for delivery of Extracorporeal Circulation with Membrane Oxygenation (ECMO) – Oxygen Concentrators -Thermometers with Digital Reader and Alert Beep
II. PROTECTION ELEMENTS
Triple Layer Surgical Chinstraps – Disposable gowns – Latex Examination Gloves – Protective goggles for medical use – Alcohol gel per 250/300 ml with dosing pump – Dacron swabs with transport tube – N95 mask chinstraps (homologable to FPP2) – Disinfectant detergent for surfaces and medical devices – Disinfectant detergent cleaner for floors, walls and medical devices – Repellent Spray – Mortuary bag
Amoxicillin + clavulanic acid – Amoxicillin – Azithromycin – Budesonide aerosol – Cefalexine – Dexamethasone – Loratadine – Ibuprofen -Meprednisone – Paracetamol – Benzathine penicillin g – Salbutamol aerosol.
Regulatory Affairs & Compliance
Excellent working breakfast about Coronavirus (COVID-19) in which the infectiologist Dr. Jorge Alejandro San Juan explained the what, how and why of the virus declared international emergency by WHO.
We are delighted to share that Managing Partner Alicia Alvarez Berkenwald has been listed in IAM’s brand new guide: “Global Leaders 2020” released on January 13, 2020. More info: https://www.iam-media.com/iam-global-leaders