The court upheld the decision that the patent applications in question had been appropriately considered and that the examiner had established that there were formal reasons for refusing the patent applications.  It also ruled that since the patent applications had been refused solely on formal grounds, the Plaintiff still had the right to file those applications anew, as the filing of a patent application does not constitute making an invention available to the public.

A full summary of this case has been published on Kluwer IP Law


Inga Lukauskiene


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