The Polish Supreme Administrative Court invalidated a decision of the Polish Patent Office in which it refused to grant a patent for an invention related to digital electronics. The court held that the patentability requirements under Polish patent law, including the technical character of an invention, correspond to the patentability requirements specified in the European…

The Supreme Administrative Court stated that the patentability requirements used by the Polish Patent Office should be construed in compliance with the patentability requirements provided in the European Patent Convention (EPC), and held that the technical character of a computer implemented invention should be examined by applying a liberal interpretation of the patentability requirements adopted…

The following summarises another interesting decision for the rejuvenated Patents County Court which is continuing to flourish as a forum for smaller intellectual property disputes of all kinds. Merck is the proprietor of European Patent (EP (UK) 1 480 717) which, in relation to the product montelukast (Singulair, used for the treatment of adult and…

On the defendant’s side, knowing what the patent dispute is all about is essential for your strategy. Not only do you need to adjust your non-infringement arguments to the plaintiff’s assertions concerning how the features of the claim are fulfilled in the attacked embodiment. Even more importantly, the scope of an infringement verdict is determined…

In recent years, the Commercial Courts of Barcelona have been called on to decide whether a claim depicting a Markush formula that did not show the stereochemistry of the compound protects only the racemate or also its enantiomers. The debate emerged in the context of an application for a preliminary injunction filed by Novartis based…

The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention encompasses no more than (i) the right to file a patent application and (ii) the right to claim the patent, in case a…

In 1984, the claimant filed an application for an agricultural crop spraying device which by the use of compressed air was intended to offer a more efficient means of dispensing the liquid. In 1986, the claimant sent a copy of the application to the defendant and in 1989 the claimant alleged having noticed that the…

The extent of protection conferred by a patent in Poland has its legal basis in the Polish Act on Industrial Property Law of 30 June 2000. According to Article 63 section 2 of the Industrial Property Law, the extent of protection conferred by a patent shall be determined by the scope of the patent claims….

As already explained in a previous post, the company governed by the laws of Switzerland, Novartis AG, is the holder of patent EP 0 443 983 entitled “Acyl compounds”, whose subject-matter is a group of antihypertensive compounds, including valsartan, pharmaceutical preparations containing them and processes for the preparation of these compounds. This patent, filed on 12 February 1991, was to…