The District Court held a patent entitled “Special Alcoholic Drink” invalid, due to lack of novelty and clarity as a non-enabling disclosure. Furthermore, the Court dismissed the invalidity action filed against the Patent Office, holding that it was neither the inventor nor the patent holder and also because it had only taken into account the requirements in accordance with Greek law in its decision to grant the patent. Therefore, this decision could only be challenged in this respect before the administrative court.
A summary of this case will be posted on http://www.KluwerIPCases.com[...]
Imagine: Wouldn’t it be fantastic to have one single patent which you could apply for at the WPO, the World Patent Office? A World Patent, which would be valid worldwide and which could be enforced in each single country of the world with worldwide effect? Decisions of the national local chambers of the World Patent Court (WPC) could be appealed at the WPSGC, the World Patent Global Supreme Court. Wouldn’t this be a major breakthrough in improving IP protection and decreasing patent costs for the industry?
Well as always, the problem comes with the details: Shall the system allow distinguishing between first, second and third World Patents? Will there be an exemption for extraterrestrial [...]
The Thessaloniki Court of Appeal held in nullity proceedings that the patent, covering ornamental light devices, lacked both novelty and inventive step. The patented subject matter was found to be known in the market and circulating in trade prior to the date of filing the application for patent protection.
The question at issue was whether a verbal preparatory agreement between the parties on a patented invention had given rise to a valid license agreement and ensuing entitlement to damages.
The Supreme Court affirmed an earlier Court of Appeals decision, for the most part, by finding that a (patent) license agreement must be in written form in order to have legal effect and that the claimed consequential / compensatory damages cannot be justified by law, with the exception of incidental damages for costs actually incurred in contemplation of the license agreement.