As the readers will know, one of the possible methods used by the European Patent Office (“EPO”) to examine inventive step is the so-called “problem & solution” approach, which has three parts: i) determining the closest prior art; ii) defining the technical problem that the invention seeks to resolve; and (iii) examining whether or not,…

by Miriam Büttner On 21 January 2013 we already reported on the decision of the German Federal Supreme Court (BGH) regarding the validity of German patent no. 197 56 864, the so-called “Brüstle-patent”, which concerns the protection of neural precursor cells, a pro-cedure to cultivate these cells and the usage of these cells in therapies…

In a recent decision, the Danish specialty court for inter alia patents, the Maritime and Commercial Court, demonstrated its ability to render an in-depth analysis and reasoned decision in a patent case. The case was between BioPorto Diagnostics A/S (formerly AntiBodyshop A/S) a bio-tech company dealing with research, development, production and marketing of di-agnostic tests…

The Supreme Court of the United States issued an opinion on appeal (as Bilski v. Kappos) that affirmed the judgment of the CAFC of affirming the rejection of the patent, but revised many aspects of the CAFC’s decision. In their decision, handed down on June 28, 2010, the Supreme Court rejected the machine-or-transformation test as…