A quarter-century after supplementary protection certificates (SPCs) were introduced in the European Union, there are still a number of unresolved questions as to which types of products are, in…
In a Judgment dated 26 July 2018, the influential Barcelona Court of Appeal (Section 15) rejected an overly narrow, "literalistic" interpretation of a patent claim. A claim's terms must be…
With the Danish patent litigation community being limited in numbers and the pool of legal judges and expert judges available to the Danish specialty patents court being likewise limited in numbers,…
Early on Monday 10 December 2018, the Court of Justice of the European Union issued its judgment in Wightman et al v Secretary of State for Exiting the European Union (C-621/18), on whether the UK…
As already reported by Kluwer Patent Blog, on 5 December 2018 (case T 1063/18) the EPO's Technical Board of Appeal 3304 found that Rule 28 (2) is contrary to article 53 of the European Patent…
The FCJ confirmed that inventive step is to be acknowledged if the feature(s) distinguishing the claimed invention from the starting point for the assessment of inventive step are not directly and…
The Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. In order to…
The European Patent Office ‘will consider possible next actions’ together with the EPO Member States after a high-profile decision of a Board of Appeal earlier this week, concerning the patentability…
Why would anyone want to have their own supplementary protection certificate (SPC) revoked? – The answer is, quite simply, Article 3(c).
Under Article 3(c) of Regulation (EC) 469/2009 on SPCs for…
by Adam Lacy and Thorsten Bausch
As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. In…
