The Board of Appeal had to decide whether the showing of results of a database analysis as a tree diagram could contribute to the technical character of the invention. The Board of Appeal pointed out…
An SPC can only be granted if the product falls within the scope of protection of the basic patent. If the basic patent claims a combination of two known components (i.e. a monoclonal antibody with…
The Enlarged Board of Appeal (EBA) allowed review of the conduct of the Technical Board of Appeal (TBA), since the TBA rejected a main request for lack of inventive step which had not yet been…
AstraZeneca filed a request with the Patent Office (PO) for the publication in the PO's official bullet of a court judgment invalidating a previous PO's decision regarding the termination of one of…
The question of whether or not a claim in a patent deriving from a divisional application covering or embracing something which was not specifically disclosed in the parent application, is not the…
The Enlarged Board confirmed that a Technical Board of Appeal may refuse a request that is filed with the grounds of opposition if – upon request by the opposition division – the applicant has…
The recent judgment from the ECJ of 24 November 2011 in case C-322/10 ("Medeva") has surprised the patent community, since the ECJ appears to have changed the view expressed in its judgment of 16…
The English High Court has recently ruled on the appropriateness of staying validity and infringement proceedings pending a Technical Board of Appeal (“TBA”) decision of the European Patent Office (“…
As stated already in one my earlier posts (here), Legislative Decree no. 131/2010 has introduced a new procedural tool in the Italian IP litigation scenario. New Art. 128 of the Italian IP Code now…
In two decisions of May and September 2011 the Appeal Court Düsseldorf had to comment on various issues concerning the accounting and determination of patent infringer's profit. In the decision of…
