European Union

Added matter, Denmark, EPC, European Union, Extension of subject matter, Injunction, Inventive step, Novelty, Revocation, Validity

(Bugge Valentin)/

In Denmark, a patentee may opt to apply for a utility model registration in addition to a patent, provided that the conditions for the grant of both rights are fulfilled. One of the strategic advantages of applying for both rights in Denmark is that the utility model registration is not subject to as thorough a…

Biologics, European Union, Exceptions to patentability, Scope of protection

(Bristows)/

On 10 March, the Court of Justice of the European Union (“CJEU”) issued its long-awaited opinion on the patentability of human embryonic stem cells in Brüstle v Greenpeace C-34/10. Biotechnological inventions are subject to Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions (the “Directive”). Article 6(1)…

(Indirect) infringement, EPC, European Union, Injunction, Procedure, Validity

(Hoffmann Eitle)/ /2 Comments

The Court of Justice of the European Union (CJEU) has now issued its long awaited Opinion 1/09 on the draft agreement concerning the creation of a unified patent litigation system (UPLS). As is well known, this draft agreement drew on many provisions introduced for the first time by the European Patent Litigation Agreement (EPLA) and…

European Union

(Clifford Chance)/

According to article 66.2 of the Patent Act, as amended after the implementation of the Enforcement Directive (Directive 2004/48/EC), in order to claim damages the patentee may chose (i) the negative economic consequences, including the profits the owner could foreseeably have earned from working the patented invention if there had been no competition from the…

European Union

(Bristows)/

The pan-generational failure to agree a system enabling unitary patent protection among the countries of the EPC and/or EU is well known among innovators, patent attorneys and lawyers alike. Following renewed efforts in recent years, particularly under the presidencies of Sweden and Belgium, substantial stumbling blocks remain. One unfortunate development last summer was the challenge…

(Cross-border) jurisdiction, (Indirect) infringement, Austria, Enforcement, European Union, France, Germany, Ireland, Italy, Netherlands, Novelty, Opposition, Priority right, Revocation, Spain, Sufficiency of disclosure, United Kingdom, United States of America, Validity

(Rospatt Osten Pross)/

Do we need a Community Patent? Do we need a European Patent Litigation System? Or does the current fragmented system have a hidden wisdom behind it? Judge for yourself!

(Indirect) infringement, EPC, European Union, Germany, Netherlands, United Kingdom

(Bristows)/

In Grimme Landmaschinenfabrik GmbH v Scott [2010] EWCA Civ 1110 the English Court of Appeal stated clearly its support for judicial collaboration facilitating de facto harmonisation of patent law in Europe. The Court then interpreted the UK provisions on indirect/contributory infringement consistently with approaches taken in The Netherlands and Germany. The case in question concerned…