Exceptions to patentability

68 articles available

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…

This long awaited ECJ decision concerns the interpretation of the term "embryo" in the Biotech Directive (98/44/EC). According to the Court Art. 6 (2c) of the Directive excludes the patentability of…

Can a valid European patent be declared invalid in Poland? In other words, can a computer-implemented invention for which a European patent has already been granted be refused a patent by the Polish…

The Court of Appeal discusses and builds on its previous case law on patentability regarding the issue of whether the subject matter is considered a technical invention. The Court emphasizes that it…

A method claim comprising a step of "providing a donor flow channel for conveying fluid to and from a donor" was found to be excluded from patentability as treatment by surgery and therapy. The Board…

Faced with a claim directed at a method for determining airway pressure levels, the Board isolated a step from the claim that required changing the airway pressure of an artificial ventilator to…

The patent concerned claims a method of cooling animals characterized in that the animals are cooled in a milking stall so that the animals go to the milking stall spontaneously. The patentee added a…

Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced…

On 10 March, the Court of Justice of the European Union (“CJEU”) issued its long-awaited opinion on the patentability of human embryonic stem cells in Brüstle v Greenpeace C-34/10. Biotechnological…