A post on the new guidelines for examination of the European Patent Office tops the list of most popular articles of the Kluwer Patent Blog in 2019. The enduring social problems at the EPO led to a…
In a thorough decision, Barcelona Commercial Court (Section 15) clarifies important findings on novelty, inventive step and claim construction. A technical feature disclosed in the prior art will not…
Holding bench trial instead of jury trial deprived SEP owner Ericsson of Seventh Amendment rights because trial was held to determine compensatory relief for mobile device maker TCL’s past…
As was rightly noted on this blog, the skilled person's "hope" of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the…
The appeal on a point of law, for which no leave was granted by the Federal Patent Court, was held admissible, because the grounds of appeal under §100 III 3 and 6 PatG were invoked. However, it was…
On 5 December 2019, the IP Tribunal of the Supreme People’s Court (SPC) handed down two decisions in which – in a first for China, the SPC heard and decided on both the patent validity and…
One of the key questions in the assessment of inventive step within the EPO is whether or not the skilled person will adapt or modify the teaching of the closest prior art and arrive at the invention…
This decision is certainly worth reading if you deal with inventive step objections of the form “abstract algorithm implemented on a generic computer” or the like. The Board of Appeal provides a…
In the present preliminary case the consequence of the termination of the agreement between Medical Workshop and Sharpsight was that Medical Workshop was no longer able to use the name Invitria for…
After a year of stagnation concerning the Unitary Patent project, chairman Alexander Ramsay of the UPC Preparatory Committee has published a year end message on the committee’s website.
The…
