As Christmas is coming closer, the "where is the Christmas stand?"-question comes up again. This little piece of engineering only used once a year is not only subject matter of several patents but…
The Supreme Court held that the relevant date of a patent's enforceability, in case a Spanish translation is required for such enforceability, is the date of announcement of the grant of the patent…
In the assessment of inventive step, the question whether the prior art discloses a pointer for the skilled person to use the measures described therein, and to apply these to a known substance,…
The Federal Court of Justice held that data can be a product directly obtained by a patented process and can therefore be protected. An important issue was whether patent rights were exhausted, if…
The Enlarged Board of Appeal (EBA) revoked a decision by the Technical Board of Appeal because it failed to decide on a request to admit an expert report (rule 104b EPC2000). The petition for review…
The Technical Board of Appeal ruled that a claim of an opposed patent was anticipated by the publication of a divisional of that same patent. Because the claim contained an intermediate…
An invention entailing a talking doll with the ability to send e-mails was held to be unpatentable. The Board of Appeal rejected applicant's argument that the invention was in the technical field of…
The applicability of the obvious to try question has been a thorny issue in UK patent law for some time, and the desire for a party seeking invalidity to apply this test has pervaded many recent…
Historically, damages used to be calculated in the so-called "execution" (i.e. enforcement) phase of the proceedings, i.e. a second phase of the proceedings aimed at implementing the declarations and…
The District Court held a patent entitled "Special Alcoholic Drink" invalid, due to lack of novelty and clarity as a non-enabling disclosure. Furthermore, the Court dismissed the invalidity action…
