Kluwer Patent Blog

In relation to a dispute concerning the novelty of one invention, the Court held that testing a new product in a special laboratory under contract is not public as such. The testing process and its results are not usually available to third parties, so it cannot be equated to disclosure of information about the product…

The court upheld the decision that the patent applications in question had been appropriately considered and that the examiner had established that there were formal reasons for refusing the patent applications.  It also ruled that since the patent applications had been refused solely on formal grounds, the Plaintiff still had the right to file those…