On 6 January 2023, the Danish Maritime and Commercial High Court dismissed an application for remission to the Board of Appeal of the registration of a utility model. The court considered whether the Danish Patent and Trademark Office ought to have considered a prior registration when examining ex officio a utility model application. On 14…

The new and noteworthy decision T 670/20 by Technical Board of Appeal 3.3.07 provides more legal certainty for patentees of formulation patents. The proprietors of pharmaceutical formulation and pharmaceutical use patents do often not have it easy, if and when – as is often the case – they have conducted clinical trials before the priority…

Christmas is a season for rest, family gatherings, warm wishes, hopes and good cheer. These days, children and adults alike may be preparing their wish list for Father Christmas. One of the gifts that patent aficionados are expecting with excitement for 2023 is a clear answer to the questions referred to the EPO Enlarged Board…

Concerto Italiano – Preludio Johannes Karcher, acting chairman of the UPC’s Administrative Committee, is to be applauded for the interview he gave to the Kluwer Patent blogger recently, which sheds at least a little more light on the issues still to be addressed before the Unified Patent Court can go “live”. There are quite a…

The judgment of 17 October 2022 recently handed down by the Patents Section of Barcelona Commercial Court of First Instance no. 4 is most interesting, for a variety of reasons. First, because the hearing of the case lasted for five days (2-5 May and 15 June), a length which is rather unusual in Spanish patent…

Article 124, III of the so-called “PACTE” Law enshrines the disappearance of the statute of limitations for invalidity actions concerning industrial property titles. It was intended to put an end to the previous case law, which was thus disproved, applying the five-year limitation period of Article 2224 of the Civil Code to these actions, notably…

In an appeal of a PI decision, the Danish Eastern High Court has ruled to uphold the dismissal of Novartis’ application for a preliminary injunction against Glenmark, Zentiva, and Viatris, based on the European patent application 2 959 894. In its decision, the Court firmly stated that a preliminary injunction can only be issued based…

Geofabrics Limited v Fiberweb Geosynthetics Limited [2022] EWHC 2363 (Pat) Geofabrics Limited (“Geofabrics”) has been awarded £13.4 million in damages for patent infringement, concluding a 5 year long dispute with Fiberweb Geosynthetics Limited (“Fiberweb”).  Damages inquiries are rare in the UK so this judgment from Charlotte May KC (sitting as a Deputy High Court Judge),…