Case Law

Even though subject to a confidentiality agreement an internal newsletter may be deemed publicly available if the addressees would not consider the newsletter to be covered by the confidentiality…

The Federal Court of Justice held that if, according to the protected process, a half-finished product is to be processed in a certain way (here: one side of leather to be treated in a certain way),…

The Supreme Court confirmed that an unregistered patent licensee did have legal standing to file an infringement action in Spain when it filed such action as co-claimant to the patent holder. Case…

The Court of Appeal upheld a decision of the Intellectual Property Enterprise Court that the patent in suit was novel and inventive over the prior art. In construing the numerical ranges of the…

The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…

The court solved the question of inventive step using the problem-solution approach, defining the objective technical problem without including a pointer to the solution of the problem. This, however…

Patent claims relating to a virus-protection software to filter e-mail and electronic files are merely generic computer functions and not covered by a patent-eligible concept, the U.S. Court of…

The Court of Appeal of the Hague confirmed that a technical effect may only be cooroborated by post-filed data if it is sufficiently plausible from the description. Further, extension of the process …

This decision by the FCJ confirms that the cited prior art should, generally, provide concrete suggestions, hints or at least provide other reasons beyond the recognizability of the technical problem…