Related insights: Healthcare


Brexit and patents

02 Jul 2021
As the European patent regime is not an instrument of the European Union ("EU"), it has remained largely unaffected by Brexit. The European Patent Convention 2000 and its various protocols are not part of the accumulated body of EU law. The current membership of the European Patent Office numbers 38 countries, which is a far greater number than the current 27 member states of the EU. The membership of the United Kingdom ("UK") to the Patent Cooperation Treaty also remains unaffected.

The timely truth and the whole truth - the duty of candour

16 Nov 2020
On the 23 September 2020 the University Hospital Plymouth NHS Trust pleaded guilty at Plymouth Magistrates' Court to failing to comply with its duty of Candour in a prosecution brought by the Care Quality Commission (CQC). There had been several previous prosecutions against NHS Trusts for failing to comply with their duty of Candour however they ended in fixed penalty fines. This was the first prosecution to go to Court for sentence.

UK Supreme Court gives a strict interpretation on the rules of sufficiency

13 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its eagerly awaited judgment in the dispute between Regeneron Pharmaceuticals Inc ("Regeneron") and Kymab Limited ("Kymab").  The invention by Regeneron related to the creation of a type of transgenic mouse (the "VelocImmune") that is more effective in its receipt of human antibody genes, for the production of human antibodies. As such, this genetically modified mouse has been regarded as a major breakthrough in the field of bio pharmaceuticals. Nevertheless, despite such an advancement, the UKSC has held that the patents upon which Regeneron based its innovative platform are invalid for lack of sufficiency because the claims, as construed, would include a range of modified mice, some of which it would not have been possible to produce as at the priority date of February 2001.

COVID-19: managing workplace safety – an update following 100 days in lockdown

13 Jul 2020
At the start of lockdown, the Health and Safety Executive's (HSE) general approach was to work with employers to ensure compliance and to issue enforcement notices to help secure improvements where appropriate. However, as the phased return to work has progressed, the general tone has changed. HSE is now making it plain that prosecution will be a consideration in appropriate cases. It has reported over 1,000 spot checks after it resumed inspections at the end of May.