The Higher Regional Court of Vienna confirmed the three-factor Bicalutamid/Schneidmesser Test, holding that a variant is equivalent to an invention for the purposes of infringement if the following conditions apply cumulatively: 1 The modified embodiment solves the problem using modified, but objectively equivalent means (equivalent effect); 2 The person skilled in the art is able…

The Higher Regional Court of Vienna confirmed that the “second medical use” of an already known substance, as required for patent protection, can be that the substance is used for a specific group of patients with specific effects. Case date: 11 May 2017 Case number: 34R113/16m Court: Higher Regional Court of Vienna A full summary of…