On the requirements of Article 3 (a) of EC Regulation n° 469/2009: INPI vs Dana-Farber
Marc Névant (French and European Patent Attorney) In a decision dated 31 January 2024 (appeal n° B 22-18.374), the French Supreme Court (Cour de Cassation) dismissed an appeal filed by the French Patent Office (INPI) against the decision of the Paris Court of Appeal (RG n° 21/08514 of 25 May 2022) annulling INPI’s decision to reject SPC application n° 17C1046. In their decision, the Cour de Cassation held the following: 1/ The Court of Appeal did not confine itself to ruling by way of assertion but noted that EP 424 referred to methods for the generation and identification of an antibody directed against a given...