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…
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…
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…
In this blog, we reported earlier about a new nullity action initiated in 2010 against the German supplementary protection certificate (SPC) for enantiomeric escitalopram and the judgment of the…
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,…
If a supplementary protection certificate (SPC) should have been denied (or granted with limited scope), because the six month application period following the date of first marketing approval has…
The Federal Court of Justice (FCJ) in Germany has held in its recent “Dentalgerätesatz” decision FCJ.5.4.2011that claim 1 of EP 892 625 is novel since it claimed a new functional adaptation of…
This is to report on a new tendency in the jurisdiction of the Federal Patent Court to use the prerequisite of enabling disclosure (Art. 83 EPC) as an unpredictable rule of reason for patentability…
In Denmark, a patentee may opt to apply for a utility model registration in addition to a patent, provided that the conditions for the grant of both rights are fulfilled. One of the strategic…
