The Board of Appeal had to decide whether the showing of results of a database analysis as a tree diagram could contribute to the technical character of the invention. The Board of Appeal pointed out…
An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e. a monoclonal antibody with…
The Enlarged Board of Appeal (EBA) allowed review of the conduct of the Technical Board of Appeal (TBA), since the TBA rejected a main request for lack of inventive step which had not yet been…
AstraZeneca filed a request with the Patent Office (PO) for the publication in the PO's official bullet of a court judgment invalidating a previous PO's decision regarding the termination of one of…
The question of whether or not a claim in a patent deriving from a divisional application covering or embracing something which was not specifically disclosed in the parent application, is not the…
The Enlarged Board confirmed that a Technical Board of Appeal may refuse a request that is filed with the grounds of opposition if – upon request by the opposition division – the applicant has…
The general rule in UK litigation is that the successful party is entitled to its costs. One exception to this rule, peculiar to patent cases, is a so-called 'Earth Closet' order. If an alleged…
The Court of Justice clarified the requirements for grant of an SPC under Articles 3(a) and 3(b) of the SPC Regulation. According to the Court, on the basis of Article 3(a) an SPC cannot be granted…
The Supreme Court dismissed an appeal , dismissing a revocation action against the patent in suit, which protected the calcium salt of atorvastatin. The Supreme court held that (i) the Bolar…
