In a complex case concerning blockbuster cinacalcet, Section 15 of the Barcelona Court of Appeals makes findings on the non-obviousness of inventions consisting of the provision of an unexpected technical effect. In these cases, the technical problem can be reformulated as providing such effect, provided that it is related to the problem initially disclosed in the original application. Furthermore, the Court resists an attempt to broaden the reach of “plausibility”: it does not matter whether the unexpected effect was plausible or not in view of the original application.
Case date: 27 July 2021
Case number: 1610/2021
Court: Court of Appeal of Barcelona
A full summary of this case has been published on Kluwer IP Law.
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
“A full summary of this case has been published on Kluwer IP Law.”
-> “Coming soon A new design and user experience for Kluwer IP Law and the renewed version of Manual IP will launch soon. Stay tuned.”