The Swiss Federal Supreme Court issued a landmark decision concerning the requirements for Supplementary Protection Certificates (SPCs) for combination products. Until recently, Switzerland stood solid as a rock and defended the so-called infringement test for SPCs for combination products. The Federal Supreme Court has now ruled that while the infringement test shall still apply to…

In July 2017, the Patents Court of Barcelona handed down a decision finding that “Swiss-type” claims were affected by the Reservation made by Spain when it ratified the European Patent Convention (“EPC”), whereby European patents, insofar as they confer protection on chemical or pharmaceutical products “as such“, shall be ineffective in Spain. In particular, the…

Four leading patent law firms in Germany – Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner – have published an open letter expressing ‘great concern’ about the developments at the European Patent Office, particularly ‘the modifications to the incentive systems for the examination of patent applications’. The ‘overreaching desire for high productivity’ has led to…

Establishing a unitary SPC is one of the recommendations of the study carried out by the Max Planck Institute for Innovation and Competition for the European Commission. Either an (existing or a future) EU authority or the European Patent Office can be charged with granting these unitary SPCs. According to the study, the choice between…

In a judgment in a low-key dispute concerning the infringement of a utility model, the Barcelona Court of Appeal (Spain’s most influential patents court) held that the scope of protection of a two-part claim was determined by its characterising portion, and not by the preamble portion. This finding, which should apply to patents as well,…

The Patent Trial and Appeal Board’s conclusion following inter partes review that a cellular communications patent directed to frequency hopping owned by Intellectual Ventures I LLC was invalid and anticipated was not supported by substantial evidence, the U.S. Court of Appeals for the Federal Circuit had held. Among other things, the Board erred in invalidating…

The Court of Appeal dismissed Boehringer Ingelheim’s application for permission to appeal the first instance Patents Court decision that EP (UK) 1,379,220 lacked inventive step.  The Court of Appeal also considered and overturned the existing judicial guidance on granting permission to appeal in patent matters. A full summary of this case has been published on…

The FCJ held that: a) An objection by one party can lead to the petitioner being required to demonstrate a legitimate interest in the inspection of the files of a patent nullity procedure, but only if the opposing party demonstrates an interest of its own which may stand in the way of the inspection. b)…