Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to combine asserted prior art and would have had a reasonable expectation of success in do so. There was substantial evidence to support the Patent…
The present case relates to the admittance of a new ground for opposition which was raised during the oral proceedings before the opposition division but had deliberately not been decided upon by the opposition division. In the absence of a positive decision on admittance by the opposition division, the Board considered that the ground for…
In certain technological fields, it is necessary to choose a solution and adopt it as a standard. Imagine, for example, if each electronic device came with a different socket-outlet format or if each airport in the world used a different communication system to connect its control tower with airplanes. It would be catastrophic or, at…
The judgment addresses the question of whether an employee’s right to additional remuneration from the employer for use of an invention they created depends on whether the employer obtained a patent or – at least – on whether the invention was patentable. The Polish Supreme Court concluded that the employee is entitled to additional remuneration…
The creation of a dedicated administrative tribunal could be a way to improve the settlement of labour disputes at the European Patent Office. Eric De Brabandere, professor of international dispute settlement at Leiden University in the Netherlands said this in an interview with Kluwer IP Law. The tensions at the EPO have risen over the…
Our last blog entry, UPC: four reasons on why the PPA is not legally in force, published on 21 April 2022, seems to have touched a nerve, as attested by the unprecedented number of comments received, for which this author is very grateful. Some comments were supportive, while others expressed disagreement. In this blog, we…
1. Introduction In an important decision of February 8, 2022 the Brussels Dutch Court of Enterprises (hereafter the “Court of Enterprises”) declared null and void a patent on an “apparatus, system and method for filling containers with fluids” (hereafter the “patent in suit”). The decision is interesting for multiple reasons, but this article will only…
The industrial actions at the European Patent Office, which were organised by trade union SUEPO with the support of the Central Staff Committee (CSC), go into their fourth month next week. The main reason for discontent with the EPO management is a new salary adjustment procedure which, according to SUEPO, ’causes a disastrous immediate and…
The Unified Patent Court will be a precious tool to help harmonizing the legal system in the EU and fostering innovation. That is the expectation of Elisabetta Papa, head of patents of the Italian IP firm SIB. She thinks Milan may replace London as Central Division seat dedicated to human necessities, chemistry, metallurgy, although “keeping…
Artificial Intelligence Systems or Devices cannot be “inventors” under the Australian Patents Act, the Full Federal Court has confirmed. The inventor of a patent must be a natural person. Does there need to be legislative change to address the role of Artificial Intelligence in the Australian patents scheme? An expanded five judge appeal bench of…
