In this judgment the Court of Appeal considers the appellant’s claim for invalidation of the patent inadmissible as he did not call the co-proprietor of the patent to join the proceedings. While considered valid on substantive grounds, the claim in question needs to be rephrased to fulfill the industrial applicability. As nullity of the patent…
In this case the Court confirmed beyond any doubt that the Polish Patent Office is not an administrative body that shall automatically approve patents granted by the European Patent Office. However, the Patent Office may not base its decision solely on its own convictions and the views expressed in the judgment of a British Court…
The degree of effectiveness of the invention (here: the removal of prion proteins) is an issue related to the technical problem solved by the invention. This is to be considered when assessing inventive step, and is thus not relevant for sufficiency of disclosure. As the invention is sufficiently disclosed in the specification, the fact that…
The Federal Court of Justice clarified the interdependencies of its case law concerning computer implemented inventions. An application has technical character if a non technical feature is inserted in a technical process. The comprehensive inspection of the object of the application does not allow discretionary weighing of technical and nontechnical parts. Due to the exemption…
This case provides a rather complete example of how to calculate damages in a patent infringement action in France. When the patent owner directly works out his patent in France, damages are based on lost profits and completed by additional royalties if the lost profits are below the amount of total infringing sales. When the…
