A composition obtainable on the market is at least not then novel if the composition can be analyzed and reproduced by a skilled person without undue burden. For this purpose, it is sufficient for a complex com¬po-sition that is not easily identifiable, if the skilled person can establish a manageable number of hypotheses on the…
The High Court (Arnold J.) decided to refer further questions on the interpretation of Article 3 of the SPC Regulation to the CJEU,, particularly in relation to the Article 3(a) requirement that “the product is protected by a basic patent in force”, suggesting an interpretation which focuses on the “inventive concept” of the patent rather…
The Court of Appeal held that while structural approaches for determining obviousness (with reference to the Pozzoli test), are useful, the importance of the statutory test cannot be undermined. The ultimate question that the Court must address is whether it was obvious to the skilled but unimaginative addressee to make a product or carry out…
The Court of Appeal of Liège confirmed the President of the Commercial Court’s finding that the appellant had committed patent infringement, and ordered the reimbursement of costs of the saisie-contrefaçon (seizure of evidence), which were not considered damages but as procedural costs. Click here for the full text of this case. A summary of this case…
Co-authored by Gemma Wooden Environmental Recycling Technologies Plc v Upcycle Holdings Ltd [2013] EWPCC 4 – 5 February 2013 Summary This decision of the UK Patents County Court provides insight into the differences between UK and EPO practice. It demonstrates a possibly more lenient approach to amendments based solely on the drawings and confirms that…
The complexities of European patent architecture raise a number of issues relating to the interface between opposition proceedings before the European Patent Office (“EPO”) and infringement proceedings before national courts. A recent case has raised one of such issues, namely: what the impact should be of the revocation of the patent by the EPO in…
By decision of 21 February 2013, the Court of Turin clarified the test for prima facie case in search proceedings and the test for urgency in search proceedings and preliminary proceedings in general. In the case at issue, 4B-Four Bind had obtained an ex-parte search order aimed at inspecting post-print binding machines of competitor KGS,…
Article 123(3) EPC stipulates that a European patent may not be amended in such a way as to extend the protection it confers. A special case of extension of the protective scope may occur in claims which define both the type of and the amount of a specific component. An issue addressed in a series…
The first-inventor-to-file provisions of the America Invents Act (AIA) took effect on March 16, 2013. While the effective date provisions for the first-inventor-to-file provisions are complicated, the new laws will apply to all U.S. applications with an earliest effective filing date on or after March 16, 2013, and also to U.S. applications that claim subject…
Introduction The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell). As the case below is continuing its way through the Dutch courts, the frequency of publications trying to make sense of the 2012 CJEU decision come down…
