The Administrative Law Division of the Council of State holds that the District Court has rightfully found that the Patent Office was not obligated to issue a Supplementary Protection Certificate for the medicinal product cetuximab. Article 73 (1) of the Dutch Patents Act 1995 on indirect infringement, does not in all circumstances protect the patentee…

The Federal Court of Justice ruled that the subject matter of a patent does not extend beyond the content of the application as filed when terms are used in the claims that are not literally used in the application text but are summarizing words for longer descriptions in the application as filed. A full summary…

The Court of Appeal has overturned the High Court’s finding of non-infringement, holding Napp’s divisional patents, relating to controlled release formulations of a painkiller called oxycodone, to be valid and infringed by Ratiopharm’s and Sandoz’s ‘Cimex’ product. The Court of Appeal’s finding of infringement contrasts with decisions in Germany where the German designation of the…

The Dutch Supreme Court stated that the patentee still has an interest in this supreme appeal proceeding after amendment of the patent pursuant to Articles 105a-c EPC 2000 subsequent to coming into force of EPC 2000 and the Appeals Court’s decision to nullify the patent. Although the Appeals Court in subsequent proceedings should take the…