Case Law

From the potpourri of decisions that the Swiss Federal Supreme Court handed down last year, I have selected one in subjective hindsight that I consider to be particularly relevant regarding further…

Question: I applied for my SPC in reliance on the law as set out in Neurim[1], following Santen[2] can I still obtain my SPC? Answer: No, according to the English High Court[3]. In 2018, i.e. before…

On 19 December 2023, the Court of Appeal handed down its decision in The NOCO Company v Shenzhen Carku Technology Co., Ltd  [2023] EWCA Civ 1502. The issue on appeal was whether communications…

The Court of Appeal of the Unified Patent Court has refused as inadmissible applications by law firms Mathys & Squire and Bristows to intervene in an appeal concerning public access to documents…

On 20 December 2023, the UK Supreme Court handed down its highly anticipated judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49, unanimously ruling…

On December 12, 2023, the President of the BRPTO gave a normative and binding character to four Opinions of the Specialized Federal Attorney's Office, imposing restrictions on the actions available…

The facts of the case On 21 November 2023, Sir Anthony Mann of the London High Court handed down a judgment in the case of Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and…

A recently published ruling of the Presidium of the Court for Intellectual Rights may turn the issue of cascading divisional applications upside down and endanger many patents granted on such…

An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in…