by Rachel Mumby Those readers who are unfamiliar with the excessively optimistic outlook of Mr Wilkins Micawber in Charles Dicken’s novel David Copperfield, would be forgiven for having had to look up the word “Micawberism” on reading it in the judgment of Floyd J (as he then was) in Blacklight Power Inc. v The Comptroller-General…

Dimitrios T Drivas (White & Case) gave the speedy run down on the following points and cases, which some might find useful for following up on points of interest: Supreme Court The decision that in exceptional cases reasonable attorney’s fees may be paid to the prevailing party (an exception to the rule that each party…

August and September are traditionally vacation months in the English Courts although the Patents Court can and often does sit in September. As a result of this, not many judgments are handed down in these months. However on 5th September 2012, the Court of Appeal handed down an important and very interesting decision in the…

In this case the Court confirmed that an invention can be patentable only if it affects matter by its industrial application. A patentable invention must involve a material creation of a new construction, composition or a new manner of technical influence on matter. In the category of ‘devices’, internal structure of a device is determined…

The Enlarged Board of Appeal answers three questions of law as follows: Question 1: Where it is already known to use a medicament to treat an illness, Article 54(5) EPC does not exclude that this medicament be patented for use in a different treatment by therapy of the same illness. Question 2: Such patenting is…

The Court of Appeal upheld the High Court’s judgment that HGS’ patent relating to a new protein called Neutrokine-α was invalid for lack of industrial application. The Court of Appeal agreed with the High Court’s determination that uses for Neutrokine-α disclosed in the patent were not plausible at the time the patent was filed as…

In case of parallel proceedings before a national court and the Boards of Appeal, parties should inform both tribunals of this position as early as possible. In order to avoid duplication of proceedings, the parties should ask the appropriate tribunal for acceleration. Whether acceleration is requested by one party, or both or all parties in…

In this case the Court holds that documents and explanations relating to a patent application should be corrected or changed at the request of the Polish Patent Office within a fixed time period and under penalty of discontinuation of the proceedings. A faulty application and non-compliance with such requests may result in the refusal to…