In the assessment of inventive step, the question whether the prior art discloses a pointer for the skilled person to use the measures described therein, and to apply these to a known substance,…
The Federal Court of Justice held that data can be a product directly obtained by a patented process and can therefore be protected. An important issue was whether patent rights were exhausted, if…
The Enlarged Board of Appeal (EBA) revoked a decision by the Technical Board of Appeal because it failed to decide on a request to admit an expert report (rule 104b EPC2000). The petition for review…
The Technical Board of Appeal ruled that a claim of an opposed patent was anticipated by the publication of a divisional of that same patent. Because the claim contained an intermediate…
An invention entailing a talking doll with the ability to send e-mails was held to be unpatentable. The Board of Appeal rejected applicant's argument that the invention was in the technical field of…
The District Court held a patent entitled "Special Alcoholic Drink" invalid, due to lack of novelty and clarity as a non-enabling disclosure. Furthermore, the Court dismissed the invalidity action…
The act of including a generic product into the official Austrian pharmaceutical product index before expiry of the relevant patent/SPC, is considered an act of "putting into circulation" and…
A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by…
If the patent provides a multi-level method to be applied in more than one production entity (here: the preparation of sausage casing as endless rolls and their automatic filling at the sausage…
