One of the principles inherited from Roman law is that "venire contra factum propium non valet". In civil law countries such as Spain, this principle is normally labelled as the "doctrine that…
In the past few years, the Barcelona Courts with jurisdiction over patent matters (Commercial Courts nos. 1, 4 and 5) have acted in close coordination with one another, e.g. holding joint…
A patent that is limited during the course of the proceedings (even after the pleadings) is held to have been so limited ab initio if the limitation is duly registered.
When a European patent is…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…
The Administrative Council of the European Patent Office unanimously adopted the EPO’s Strategic Plan 2023 during the AC meeting earlier this week in Munich.
According to an announcement published on…
The Court held that a selection invention is inventive if the compound of the selection offers surprisingly advantageous or improved properties over the prior art compounds. These properties should…
As of 1 July 2019, Rule 69.1(a) PCT will be amended to provide for the International Preliminary Examining Authority to start the international preliminary examination upon receipt of the demand,…
Late in 2018, Board 3.5.07 issued two decisions on appeals from Examining Division decisions, in which the length of the examination procedure was excessive. The Board decided that such delays can…
A strike at the EPO, which was to be held during the meeting of the Administrative Council in Munich later this week, has been called off.
The EPO’s trade union SUEPO had submitted a call for a…
Pemetrexed, yet again: last Wednesday the District Court of The Hague, swimming against the current and after a deep dive in the prosecution file, decided that Fresenius did not infringe Eli Lilly's…