A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by…
If the patent provides a multi-level method to be applied in more than one production entity (here: the preparation of sausage casing as endless rolls and their automatic filling at the sausage…
If replacement of a worn-out component during the lifespan of a patented combination product is expected in the relevant trade circles, this will form part of the intended and thus admissible use,…
The amount of its profit the infringer will have to pay to the patentee as damages is calculated solely based on the profit earned by use of the intellectual property right. To determine this profit…
In its recent judgment of 26 October 2012, the Spanish Supreme Court (Judge Rapporteur Mr José Ramón Ferrándiz Gabriel) has clarified an interesting point over which lower level courts offered…
In a decision issued November 1, 2012 in Exelixis, Inc. v. Kappos, the U.S. District Court for the Eastern District of Virginia found that the USPTO has been misinterpreting a provision of the Patent…
This past week I had an interesting hearing at the EPO where an opposition was based, inter alia, on public prior use.
The opposition division heard a number of witnesses on the question whether the…
EPO practice on patenting plants knows two exclusions that are defined in Art. 53(b) EPC: the exclusion of “plant varieties”, and the exclusion of “essentially biological processes for the production…
As any practitioner who has come in contact with the Danish legal system in connection with disputes concerning IPR will know, until now, the complexities quite often involved in such cases have…
According to Article 65 of the European Patent Convention ("EPC"), when the European patent granted is not drafted in one of the official languages of the EPC, any contracting state may require that…
