For the first time, the Spanish Supreme Court made far-reaching observations on key issues of the assessment of inventive step and, in particular, on a) the reformulation of the “objective technical problem” as defined in the patent’s specification, b) the limits to the combination of prior art documents and c) the professional qualifications required for…

When analysing inventive activity, one risk that appears to be here to stay is that of hindsight. As Richard Ebbink very aptly put it in a workshop held at the INGRES Institute in Zurich on 8 and 9 September 2017 in honour of Dr. Dieter Brändle – the first President of the Swiss Federal Patent…

The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v. Baili, and some implications from this case. Such standards involve how to determine distinctive features, what to be considered to differentiate a functional feature, what…