by Dominic Adair The panel sessions of AIPPI Sydney 2017 opened in style with a blockbuster trade secrets double session. Chaired by Annsley Ward (Bristows) and Mark Ridgway (Allen & Overy) with panel guests Lucas Kenny (NetApp, Australia), Catherine Mateu (Armengaud Guerlain, France), Linda Lecomte (Wuersch & Guering, US), Judge Matthias Zigann (Munich regional Court,…

The European Patent Organisation consists of two organs: the European Patent Office and the Administrative Council. Pursuant to Art. 4 EPC, the task of the Organisation is to grant European patents. This shall be carried out by the European Patent Office supervised by the Administrative Council. Thus, the Administrative Council is supposed to supervise the…

For many years, Spanish Courts have considered the “problem & solution approach” developed by the European Patent Office (“EPO”) to be a very useful tool for the purpose of trying to make an objective assessment of inventive activity. Unlike in other jurisdictions such as Germany, in Spain this method has become the natural instrument used…

A judgment of 13 July 2017 from the Spanish Supreme Court (Civil Chamber) has highlighted the importance of taking the fine pencil when examining novelty. The decision stemmed from a judgment of 12 September 2014 from the Barcelona Court of Appeal (Section 15), which had declared patent ES 2.344.241 invalid due to lack of novelty….

In China, judges handling patent litigations often experience difficulties in claim construction and infringement determination due to the lack of technical backgrounds. Although forensic appraisals were then widely adopted to help judges identify professional facts, some downsides were observed in the technical appraisal system. As for the expert auxiliary system, it is playing a more…

The Productivity Commission released its final report into Australia’s IP arrangements in December 2016 (covered in our post earlier this year, ‘IP Rights vs IP Wrongs’).  Now, the Australian Government has weighed in on the Commission’s recommendations, supporting some and ‘noting’ others. With respect to patent law, the Government supports the following recommendations: Add an…

by Bernward Zollner It is often worthwhile to read again former judgments of the German Bun-desgerichtshof. In a judgment of 13 July 2010 – docket no. Xa ZR 126/07 – the court has discussed a patent on a staple cartridge for staples for surgical purposes (“Klam-mernahtgerät”). The court has stated that a disclosure is enabling…

The recent Apple v. Baili case has generated a wide interest in design patents. This article discusses developments on judicial standards for determining design patent infringement applied in Apple v. Baili, and some implications from this case. Such standards involve how to determine distinctive features, what to be considered to differentiate a functional feature, what…

By Gregory Bacon Yes, you read that right. Thirteen years after the House of Lords had firmly shut the door on any notion of a doctrine extending the scope of patent protection outside the claims, the UK Supreme Court in yesterday’s judgment in Actavis v Eli Lilly [2017] UKSC 48 reversed gear and reintroduced a…