The inventive step reflects a general patentability requirement in most patent laws, according to which an invention should be sufficiently inventive (not obvious in view of the prior art using the skilled person’s common general knowledge) in order to be patented / the patent to be held valid. In the United States, rather than ‘inventive step’, the expression ‘non-obviousness’ is used: is the invention an adequate distance beyond or above the state of the art? The assessment of the inventive step varies from one country to another. The European Patent Office uses the so-called problem-and-solution approach to assess inventive step, an instrument also used by several national European courts.
On 30 July 2009, the Commercial Court of Granada ordered an ex parte preliminary injunction against two companies that had obtained authorisation to market generics of sustained-release pharmaceutical compositions of Fluvastatin in Spain. Interestingly, on 27 April 2009, Commercial Court number 3 of Madrid had rejected a request for a preliminary injunction against other companies…
The Court of Appeal upheld the High Court’s finding that Aerotel’s Patent relating to a method of making pre-paid landline telephone calls was invalid for want of inventive step over the principal prior art (the WATS system). Having made this finding it was unnecessary to consider Aerotel’s other grounds of appeal.Further, Aerotel’s arguments of commercial…
During appeal proceedings, the appellant argued lack of inventive step on the basis of public prior use of a composition for making the claimed product. The prior use appeared to relate to an ordinary commercial transaction. The patentee argued that the offer, sale and delivery of the product were only for test purposes. The Board…
The Hague District Court nullified Sepracor’s patent for compositions for treating allergic disorders using (-) cetirizine (levociterizine) on the basis of lack of inventive step. The Court considered that the person skilled in the art knows that the pharmaceutical efficacy of a racemic mixture generally can be attributed to one of the enantiomers. At the…
For an invention to be considered obvious it is usually necessary that there are additional incentives that go beyond the identification of the technical problem and lead the person skilled in the art to search the solution for this technical problem on the path of the invention. A full summary of this case has been…
The District Court of The Hague held that all claims of Lundbeck’s escalitopram patent were invalid for lack of inventive step. The District Court nullified the patent and also called the Dutch Supplementary Protection Certificate which was based upon the patent null. The District Court’s decision contains many references to the 4 May 2007 decision…
The District Court of The Hague held that all claims of Lunbeck’s escalitopram patent were invalid for lack of inventive step. The District Court nullified the patent and also called the Dutch Supplementary Protection Certificate which was based upon the patent null. The District Court’s decision contains many references to the 4 May 2007 decision…
The Federal Patent Court has decided that an inventive step according to Article 56 EPC is not established if the person skilled in the art has only to conduct routine exploratory analysis based on the prior art. Against this legal background the Federal Patent Court nullified the patent in suit arguing that in a situation…
In this case the Court holds that documents and explanations relating to a patent application should be corrected or changed at the request of the Polish Patent Office within a fixed time period and under penalty of discontinuation of the proceedings. A faulty application and non-compliance with such requests may result in the refusal to…
The Board reversed a refusal of the patent application for lack of technical contribution. The underlying decision had expressed the view that the idea of making chance encounters depend on time was a game rule, which is itself excluded from patentability and had been implemented in straightforward manner. In its classical sense game rules form…
