A request for re-establishment should be filed within two months of the date of removal of non-compliance. This date may be the date on which the applicant became aware of the missed due date, even…
Cases in which FRAND licences are discussed, and where if no licence is taken an injunction is requested, more closely resemble unpaid debt claims then IP-related cases and are thus less suitable for…
A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step.
A European patent was granted for a device for the…
Proceedings for the preservation of evidence and the subsequent infringement proceedings are two separate proceedings and only the latter is relevant for starting an intervention in opposition…
The holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take…
The scope of a patent is to be interpreted according to Art. 69 EPC and the Protocol. If the literal text is limiting, the question is how the skilled person would understand this limitation. If the…
A patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered.
When a European patent is…
The Court held that a selection invention is inventive if the compound of the selection offers surprisingly advantageous or improved properties over the prior art compounds. These properties should…
Although at first instance the patent was found to lack inventive step without using the problem-and-solution approach, the use of the PSA by the Court of Appeal did not make a difference to the…
