The decision of the Board of Appeal of the European Patent Office which revokes a European patent due to lack of inventive step, is a supra-national legal instrument which can be the object of a complaint to the German Constitutional Court. Such complaints are only admissible if the protection of fundamental rights is no longer…

The Court held that in order to decide that a patented invention is novel, it is not sufficient that the wording in the patent description is different from the wording in the prior art. The technical subject-matter of the prior art must be different. Moreover, it had to be assessed whether publicly accessible information could…

Questions submitted to the Enlarged Board. During opposition the Proprietor announced that it wanted a correction of the decision to grant from the examining division. The opposition division decided to stay proceedings and the Opponent appealed the decision to stay. The Board submitted questions to the Enlarged Board, asking (1) whether a request for correction…

A 1 July 2009 decision of the Tribunal de Grande Instance of Paris illustrates how the French courts proceed when they are seised of a nullity claim of the French designation of a European patent against which opposition may be filed or opposition proceedings are pending.

The Board considered whether the introduction of the EPC 2000 raised the requirements for a notice of appeal to be admissible. Rule 99(1)(c) EPC 2000 requires that the notice of appeal contains ‘a request defining the subject of the appeal’. Rule 64 EPC 1973 required that the notice of appeal contains a statement identifying ‘the…

The District Court of The Hague granted Mundipharma a provisional injunction against Sandoz for infringement of its patent for a controlled release oxycodon formulation. The District Court suspended its decision on the validity and infringement of the patent in the main action until a final decision has been rendered in the opposition proceedings. The Court…

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…