The FCJ held that the Defendant in a nullity action is only required to prepare an auxiliary request following the preliminary opinion of the Federal Patent Court which takes those aspects into…
A panel of the Enlarged Board of Appeal (EBA) of the EPO rejected a request to replace the EBA chairman for suspected partiality. The reasons for allowing such a request in decision R19/12 had since…
Goods placed in transit proceedings do not infringe a patent in the transit country. It is not relevant whether the goods were placed in so-called “T1” external transit proceedings or in “T2” transit…
The District Court The Hague finds that it is competent based on Article 7 Dutch Code of Civil Procedure (Article 6(1) Brussels I / Article 8(1) Brussels Ibis - plurality of defendants) even though…
The Board of Appeal rejected an attempt to apply the fiction of novelty of “medical” substances and compositions of article 54(5) EPC to a dialysis membrane. Contrary to T2003/08 the claimed dialysis…
The Bulgarian Patent Office refused to issue a supplementary protection certificate for a medical product comprising three components as one of them was not within the scope of protection of the…
The Board emphasized that there was a relation between who was to be considered to be the skilled person for judging inventive step on one hand and the choice of the closest prior art on the other…
Inventions regarding a method of improving the yield of triploid seedless watermelons by pollination with a specific type of diploid water melon are not to be regarded as an essentially biological…
Direct access to seized documents, selected from a larger pool of previously seized evidence, is denied on the basis of Dutch procedural provisions relating to Directive 2004/48/EC, because the…
