The Stockholm District Court held the Swedish part of a European patent concerning a method of growing two or more plants invalid, due to lack of inventive step. Despite requests for limitations by the proprietor the patent was declared invalid in its entirety. Infringement, exceptions to patentability and prior use rights were also considered by…

In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had long been known in the prior art (for 100 years) that some leflunomide spontaneously and unavoidably converts teriflunomide over time…

In our post on 30 October 2012 we referred to forthcoming appeals dealing with how the question of obviousness should be tackled by the English courts. The Court of Appeal has now given its verdict in several judgments. The latest decision in Regeneron v Genentech dealt not only with the question of obviousness but also…

A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a complex com¬po-sition that is not easily identifiable, if the skilled person can establish a manageable number of hypotheses on the…

The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in the claims. If the claimed invention is characterized by a particular property of one of its components that has not (clearly) been disclosed in…

Now that we are less than one month away from implementation of the First-Inventor-To-File provisions of the America Invents Act (AIA), stakeholders are considering whether to file new patent applications now, to secure examination under the current First-To-Invent patent system, or wait until March 16, 2013, so that the applications will be governed by the…

The District Court held a patent entitled “Special Alcoholic Drink” invalid, due to lack of novelty and clarity as a non-enabling disclosure. Furthermore, the Court dismissed the invalidity action filed against the Patent Office, holding that it was neither the inventor nor the patent holder and also because it had only taken into account the…

A recent Decision of the EPO’s Technical Board of Appeal 3.2.05 found claims of a “mother” patent to lack novelty over the disclosure content of an EPO application that was a daughter (divisional) to the mother patent. In many important jurisdictions, including the USA and Japan, Applicant’s own earlier filed but later published patent filings…

This past week I had an interesting hearing at the EPO where an opposition was based, inter alia, on public prior use. The opposition division heard a number of witnesses on the question whether the features of a specific device had been publicly available. Prior to the hearing, the opponent had to admit that there…