The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention…
The Court of Appeal dismissed Pharmaq's claim that Intervet's patent claiming deposited virus strains and closely related strains sharing genotypic and phenotypic characteristics was invalid and that…
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 recent judgment from the ECJ of 24 November 2011 in case C-322/10 ("Medeva") has surprised the patent community, since the ECJ appears to have changed the view expressed in its judgment of 16…
The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property…
As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group…
The case determined whether Abena A/S (hereinafter "Abena") waste bags with lace up sealing, which had a seam with curved corners in one side of the bag, infringed Etradan BS ApS´ (hereinafter …
In case of actual or potential discrepancies between claim language and the patent description which might allow a broader interpretation the Supreme Court confirms that the claim may not be…
Since 2009, French law has allowed patentees to voluntarily limit their granted patent claims. This possibility, which has existed for a long time in a number of European countries, (e.g. Austria,…
