Validity

In most systems, a patent is valid for 20 years from the filing date of the patent application. Patents are granted with a presumption of validity but no patent is safe from being challenged and declared (partially) invalid by national courts or, in the case of European patents, revoked by the European Patent Office. Often, a claim of invalidity of a patent is a reaction to an action of the patentee, in particular an infringement action.

Biologics, Chemical Engineering, EPC, Exceptions to patentability, France, Second Medical Use, Validity

(Véron & Associés)/

By a judgement dated 28 September 2010, the Tribunal de Grande Instance of Paris held that claims 1, 2 and 3 of the French designation of Merck & Co. Ltd’s Patent EP 0 724 444 were invalid for being excluded from the scope of patentability in accordance with the provisions of Article 53(c) EPC 2000 (former Article 52  (4) EPC 1973). The court held that the invention the subject-matter of main claim 1 was only a new dosage regime ranging from 0.05 to 1 mg) of an already known compound (finasteride) in an already known therapeutic application (the treatment of hyperandrogenic conditions and especially the treatment of androgenic alopecia). A mere new dosage regime is not a second medical use but a therapeutic method excluded from patentability pursuant to Article 53  (c) EPC 2000.

Case Law, Inventive step, Netherlands, Validity

(Brinkhof)/

The District Court of The Hague revoked Glaxo’s European Patent and Supplementary Protection Certificate (SPC) for an inhalable combination of fluticasone and salmeterol due to lack of inventive step. This decision is put in a pan-European perspective, with reference to the UK case law on inventive step, as well as the parallel English, German and…

Case Law, Sweden, Validity

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In a decision by the Svea Court of Appeal, a preliminary injunction granted by the Stockholm District Court against the company Niconovum AB, was lifted. The Court held that the patent of McNeil AB was probably not valid, despite a request by the patentee for reformulation of the patent claims during the proceedings. The Court…

(Cross-border) jurisdiction, (Indirect) infringement, Austria, Enforcement, European Union, France, Germany, Ireland, Italy, Netherlands, Novelty, Opposition, Priority right, Revocation, Spain, Sufficiency of disclosure, United Kingdom, United States of America, Validity

(Rospatt Osten Pross)/

Do we need a Community Patent? Do we need a European Patent Litigation System? Or does the current fragmented system have a hidden wisdom behind it? Judge for yourself!

Germany, Procedure, Scope of protection, Validity

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What happens in Germany’s bifurcated patent litigation system, if – during pending infringements proceedings – the nullity court declares the patent partly invalid? The patentee can amend its infringement action accordingly. The infringement action is then based on the patent claim as amended by the nullity court, and not on the patent claim as initially…

Denmark, Enforcement, Injunction, Procedure, Validity

(Bugge Valentin)/

Denmark, as one of only a very few countries in the Western world, has no specialty patents court(s) for first instance PI proceedings. Instead, an application for a PI is heard by the bailiff’s department of the city courts (being the first instance courts) with an automatic right of appeal to the High Court. In…

Case Law, Sufficiency of disclosure, United Kingdom, Validity

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The Court of Appeal upheld the High Court’s finding that Novartis’ patent for ophthalmically compatible extended wear contact lenses was invalid for insufficiency. The Court of Appeal held that the patent does not teach which materials described in the specification are suitable for extended wear lenses, nor does the patent enable the skilled person to…

Antibodies, Case Law, Netherlands, Validity

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The District Court of The Hague declares the Dutch part of Bayer’s European Patent covering Anti-TNF alpha human monoclonal antibodies invalid. The Court considers that the patent covers high affinity antibodies. However, the Court finds that such type of antibodies is not sufficiently disclosed in the patent specification, and therefore invalidates the patent as a…