The German Federal Court of Justice recently issued a decision entitled 'E-Mail via SMS', November 22, 2011, X ZR 58/10, in which it was found that when seeking to improve a data structure prescribed…
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…
The Court held that Pfizer's Norwegian patent for use of sildenafil (a PDE 5 inhibitor) for treatment of erectile dysfunction was inventive. Although the court did not consider it inventive to test…
By Giovanni Gozzo and David Nilsson
The Svea Court of Appeal partially invalidated the patent of respondent Dustcontrol, insofar as claim 1 of the patent was concerned. The Court held that it could…
Contrary to the decision of the Opposition Division issued two weeks later, the District Court of The Hague held Novozymes’ patent to be novel and inventive. It also held the patent indirectly…
The difference between "inventiveness" within the meaning of the Austrian Patent Act and "inventive step" within the meaning of the Austrian Utility Model Act is too small to distinguish between…
The opponent relied on a document that was distributed in a meeting arranged by himself. The Board of Appeal held that in the present case, it did not share the view of the patentee that it was…
T 777/08: When is a Polymorph Inventive?
by Matthias Wolf and Alexander Dehner
We report on the recent decision T 777/08 of the Boards of Appeal of the EPO dated May 24, 2011, relating to the issue…
To stay, or not to stay, that is the question. But not in the recent Danisco v. Novozymes case before the District Court of The Hague. On the face of the Court’s decision of 22 June 2011, the…
