In a decision by the Svea Court of Appeal, a preliminary injunction granted by the Stockholm District Court against the company Niconovum AB, was lifted. The Court held that the patent of McNeil AB…
In this case the Court confirmed that an invention can be patentable only if it affects matter by its industrial application. A patentable invention must involve a material creation of a new…
In this case the Court held that a previous patent application and other scientific publications which did not disclose the invention in a manner sufficiently complete for it to be carried out by a…
In this decision the EBoA held that sexually crossing of plants is an 'essential biological process' within the meaning of Art. 53(b) EPC. Any claim that contains a step of sexually crossing…
Institut Pasteur is the holder of European patent No. 0 178 978, which relates to “Cloned DNA sequences, hybridizable with genomic RNA of lymphadenopathy-associated virus (LAV)”.…
The pan-generational failure to agree a system enabling unitary patent protection among the countries of the EPC and/or EU is well known among innovators, patent attorneys and lawyers alike.…
While the European Commission is still struggling to implement a Community Patent and a European Patent litigation system, it is worthwhile to have a look to the results the existing system is…
By way of follow up of my many posts on the “intersections” between Italian patent law and the administrative procedures aimed at the authorisation of generic drugs (e.g. here, here and here), it is…
What happens in Germany’s bifurcated patent litigation system, if – during pending infringements proceedings – the nullity court declares the patent partly invalid?
The patentee can amend its…
In Switzerland, each of the 26 cantons must have a cantonal Civil Court that decides patent matters falling within the jurisdiction of said canton. The decisions rendered by those courts can be…
