Post Issuance Amendment of Allowed Claims

Israel Patent No. 122910 to Genentech is directed to a stable isotonic lyophilized protein formulation.

On allowance of the Application under section 17c, Perrigo and Celltrion filed for the mark to be cancelled.

Patentee requested to amend the claims under Section 65 and 66. The Patent Office has decided that the issue of amending claims post allowance requires clarification globally, and the patent and cancellation proceeding are suspended pending a Circular on the matter from the Commissioner of Patents.

COMMENT

Post allowance amendments when a patent is undergoing a cancellation proceeding is indeed something that should be considered globally. With a pending case, it is not clear that this can happen without consideration of the specific case. The Applicant is represented by the alma mater of the commissioner, which doesn’t help things. We suspect that whatever is decided, the case will be appealed to the courts.

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