While the European Commission is still struggling to implement a Community Patent and a European Patent litigation system, it is worthwhile to have a look to the results the existing system is…
The Appellant had obtained both utility model and patent protection for a mechanical invention. The Defendant argued that the subject matter of both rights did not fulfil the novelty requirement,…
When challenging the validity of a patent, a decision needs to be made early on as to grounds on which to rely. When it comes to allegations of anticipation and obviousness, the challenger and its…
There have not been many decisions in 2010 from the English Patents Court that are likely to be regarded in future decades as seminal judgments. However, in the author’s view, the judgment of the…
In a case involving the US multinational Mars and an Italian producer of rice (Riseria Monferrato), the Court of Appeal of Turin, by decision of 19 November 2008, tackled – one of the few cases in…
The Court of Appeal of Milan established a principle whereby named inventors must be called in revocation actions and, if they are not, proceedings may not reach the stage of decision. This principle…
Boehringer is the holder of the European patent No. 0589 874, filed on 21 June 1991 and entitled “use of (S)(+)-2-ethoxy-4-[N-[1-(2-piperidinophenyl)-3-methyl-1-butyl]aminocarbonylmethyl]-benzoic…
By decision no. 9291 of 19 April 2010, the Italian Supreme Court clarified that the sale of a single unit of the patented product is novelty destroying under Art. 46 of the Italian IP Code, which…
Sufficiency of disclosure is one of the requirements for the grant of a European patent (Art. 83 EPC). The disclosure in a patent specification shall enable the skilled person to apply the invention,…
