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

(Brinkhof)/

According to the Advocate General Article 9 of the Biotechnology Directive does not limit the scope of protection of patents for biotechnology inventions. Nonetheless protection for DNA sequences as such is excluded.

In its decision rendered on 19 March 2008 the District Court of The Hague referred questions to the European Court of Justice on the interpretation of article 9 of Directive 98/44/EC 0f the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (“Biotechnology Directive”). In particular the Dutch court wished to know whether article 9 of the Biotechnology Directive should be interpreted as extending the rights conferred by a patent covering a biotechnological invention, or, on the contrary, whether it should be interpreted to limit the proprietor’s right to prevent the exploitation of material containing the patented product (DNA sequence), on the condition that such product still performs its function. The Advocate General in his opinion comes to the conclusion that it is irrefutable that article 9 of the Biotechnology Directive is a rule for the extension of patent protection. However, in his opinion the system put in place by the Biotechnology Directive excludes protection for DNA sequences as such. Such protection is limited “to the situations in which the genetic information is currently performing the functions described in the patent.” But how does this relate to the obligations under the European Patent Convention (EPC)?

Case Law, EPC, Exceptions to patentability, Inventive step, Scope of protection

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This case relates to the opposition against Amazon’s famous ‘one-click’ patent. The Board ruled that what is required for obtaining patent protection for a software-implemented business method is that the software should contribute to a technical effect which goes beyond the mere implementation of the business method itself. The Board held that although computer-implemented business…

Case Law, EPC, Exceptions to patentability, Inventive step, Sufficiency of disclosure

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In this case the Board ruled that features providing a displayed icon of a three-dimensional appearance have technical character and thus should be considered when assessing inventive step. According to the Board these features specify how the information is displayed and not what is displayed so that these features do not fall under the category…

(Indirect) infringement, Biologics, Enforcement, Italy

(Trevisan & Cuonzo)/

Whether patent holders marketing branded drugs may assume that the very act of filing of an MA application by generic companies result in patent infringement is one of the hottest issues at the moment being tackled by the IP Chambers of Italian district courts. The IP Chamber of the Milan Court and the IP Chamber…

Enforcement, France, Scope of protection

(Véron & Associés)/ /1 Comment
Landmark European Patent Cases

In the UK, the signal “Another train coming” flashes when there is more than one railway line over an automatic crossing and another train is approaching. If you have avoided the first train, you must pay attention to the other train approaching not to be hit by it. We can take a similar warning from the order handed down on 12 February 2010 by the Tribunal de Grande Instance of Paris: the expiry of a SPC covering a combination of two active ingredients does not allow the exploitation of that combination if another SPC covering only one of those active ingredients is still in force: such exploitation infringes this SPC.

Case Law, Netherlands, Novelty, Scope of protection, Validity

(Brinkhof)/

As the Supreme Court had held for European Patents (SC 6 March 2009 Boston Scientific/Medinol), the Court of Appeal now affirms that the so-called Spiro/Flamco doctrine, which set strict requirements for partial nullification/maintenance of a patent, is also no longer applicable to Dutch patents since EPC 2000 came into force. The patent holder has the…

Case Law, Chemical Engineering, Netherlands, Novelty, Scope of protection

(Brinkhof)/

The District Court of The Hague holds the Dutch part of Eli Lilly’s olanzapine patent and SPC invalid because the substance olanzapine has been directly and unambiguously disclosed in a prior art document. According to the Court, the person skilled in the art will immediately recognize the error and the correction for this error in…