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…
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…
After four years of experience with Spanish Act 24/2015, of 24 July, on Patents (the “new Patent Act”), which came into force on 1 April 2017, the time seems ripe now to update some aspects of the Act that could be further improved. In this vein, earlier this year the Spanish Patent and Trademark Office…
On 14 October 2020, the Swiss Federal Council published a preliminary draft of a revised version of the Swiss Patent Act (R-PatA; see current PatA). Further official documents in German/Italian/French can be found here: Explanatory Notes. The Swiss Institute of Intellectual Property (IPI) published additional information in English here and here. Stakeholders are invited to…
One of the remedies typically provided by patent law to persons whose inventions have been unduly patented by third parties are actions aimed at claiming ownership of the patent. However, such actions are relatively rare, at least in countries like Spain. This is what makes the judgment of 10 December 2019 (Judge Rapporteur, Ángel Galgo…
When the Kingdom of Spain joined what were then called the European Communities (the “EC”) in 1986, it had to approve a new Patents Act which sought to adapt Spain’s patent law to the standards required by the EC. For example, for the purpose of avoiding that an infringer could invoke a “cover” patent or…
On April 26 2017, the Eastern High Court of Denmark gave an interesting decision in a case between Orifarm Generics A/S and Novartis A/S, who is the holder of a patent and a number of utility models regarding a transdermal patch. On August 12 2014, the Maritime and Commercial Court had found that Orifarm by…
The new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised “utility model” that is expected to become the natural alternative for “non-examined” patents, which the new law has put at bay. One of the most controversial provisions dealing with utility models is Article 137, which reads as…
