Relevant prior art may prove not to be useful as a starting point for an attack on inventive step if the prior art teaching is negated by later studies before the effective date of the patent claims. In such a case, the skilled person would not have had an expectation of success.

Case date:16 January 2019
Case number: C/09/533354 /HA ZA 17-581
Court: District Court of The Hague

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


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