Following decision G 1/03, the Board concluded that a disclaimer that is used to remove subject-matter falling under the prohibition of Article 53(a) EPC in combination with Rule 28(c) EPC, is…
The Federal Court of Justice further clarifies the scope of disclosure of a prior art document and the criteria for determining inventive step after the landmark decision ‘Olanzapin’. More…
In these infringement proceedings before the Preliminary Relief Judge of the District Court of The Hague the defendant argued that the claimants should not have received an SPC for valaciclovir,…
The Examining Division had refused a patent application for a method and system of processing a payment card transaction. Before the Board of Appeal, the applicant requested suspension of the…
The German Federal Supreme Court decided that a forwarder has no procedural obligation to provide essential information for an eligible denial. Hence, a forwarder can plead ignorance concerning the…
The Federal Court of Justice confirmed the legal reasoning of the Federal Patent Court that a company that continued the business of another company, while it was founded independently from the…
The European Court of Justice held that Article 3(c) of EEC Directive no. 1768/92, in light of Article 3(2) of EC Directive no. 1610/96, does not oppose the granting of an SPC to the holder of a…
According to the District Court of The Hague, Administrative division, Article 19 (2) of the SPC Regulation on medicinal products prohibits the ‘opposition’ in a national procedure by a third party…
The Board of Appeal decided that the following applies as regards to sufficiency of disclosure: (1) the skilled person should be able to realise without undue burden substantially any embodiment…
The selection of explicitly disclosed borderline values defining several (sub)ranges, in order to form a new (narrower) subrange, is not contestable under Article 123 (2) EPC when the ranges belong…
