A recent judgment of 13 November 2020 from the Barcelona Court of Appeal (Section 15) has brought to the fore again the thorny topic of “indirect” or “contributory” infringement. The difficulty of the topic is illustrated, for example, by the fact that two very learned Judges (Judge Arnold, then in the first instance and Judge…

Yesterday, the Dutch prime minister announced the Netherlands will be ‘locked down’ until mid-January. At the same time the author of this blog, part of a six member audience due to COVID restrictions, paid his last visit to the movies for many weeks to come. On the screen Tenet, a mishmash of Sci-Fi wannabe and…

On 4 December 2020, the English Patents Court handed down its decision in Neurim Pharmaceuticals (1991) Limited & Flynn Pharma Limited v Generics UK Limited (t/a Mylan) & Mylan UK Healthcare Limited, the main action proceedings regarding Neurim’s patent for Circadin™, EP 1 441 702 (“EP 702”).  The judgment is available here. Many readers will…

So the consultation of the public by the Boards of Appeal has ended today. It will be interesting to see the results and the impact, if any, they will have on the final wording of Art. 15a EPC. In the meantime, please enjoy these remarkable oral proceedings before the Committee of Labour and Social Matters…

Let’s start with a bit of etymology today. The official translation of “European Patent Office” into German is “Europäisches Patentamt”, the latter obviously being a composite of Patent and Amt.The German word “Amt” is derived from medieval German “ambt” or “ambahte“, which means servant. That is, the prime function of an Amt is to serve…

Spain has a well-deserved reputation of being a rather formalistic country when it comes to litigation. For example, according to the Civil Procedure Act, a Spanish translation of documents written in languages other than Spanish must be attached to the initial complaint. Otherwise, the Court may simple ignore them. A judgment of 15 October 2019…

On 14 October 2020, the Swiss Federal Council published a preliminary draft of a revised version of the Swiss Patent Act (R-PatA; see current PatA). Further official documents in German/Italian/French can be found here: Explanatory Notes. The Swiss Institute of Intellectual Property (IPI) published additional information in English here and here. Stakeholders are invited to…

In these days and times, we are constantly reminded how important and how endangered seemingly simple concepts are such as truth, facts, science and trust. Hannah Arendt, the famous Jewish German-born American political philosopher, wrote about seventy years ago in her first major work “The Origins of Totalitarism” The ideal subject of totalitarian rule is…