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EPO: J12/14, European Patent Office, Board of Appeal, 27 March 2015

The board refused to apply Rule 56 EPC (filing missing drawings) to allow replacement of a poor quality drawing in a patent application by a drawing from the priority document. Although J2/12 had allowed replacement under Rule 56 in the case that it could be established that wrong drawings were filed, this applied only to errors as to the identity of the drawings and it did not extend to the case that the correct drawings had been filed with poor visual quality.

A full summary of this case has been published on Kluwer IP Law.



Our previous post of June 2014 Patent revocation actions in France: mind the slot! presented and criticized the decision of 25 April 2013 of the tribunal de grande instance de Paris, 3rd chamber, 1st section, Evinerude v. Giraudeau and Aair Lichens, applying to patent revocation actions the new time limitation period of five years adopted by the statute № 2008-561 of 17 June 2008 for actions qualified, under French law classification, as personal actions or real actions based on movable assets: according to this decision, the five-year limitation period running from the date on which the plaintiff “becomes aware or should have been aware of the facts entitling him to start” [...]

Leo Roars Again

The end of July always brings a flurry of decisions from English Patents Courts at all levels as the Judges, understandably, seek to clear their desks before the summer vacation. This year was no exception with at least half a dozen judgments concerning patents being handed down in the space of two weeks. Among them was a gem from the Court of Appeal in the Teva v Leo [2015] EWCA 779 case in which the substantive judgment was given by Sir Robin Jacob with whom Kitchin and King LJJ agreed.

One of the most pleasing aspects of the decision is its length – a mere 9 pages including the cover page. It is also easy to read with Sir Robin, in customary style, deploying short sentences, colourf [...]

New Spanish Patents Act coming into force on 1 April 2017

On 25 July 2015, the Spanish Official State Gazette published the text of Act 24/2015, of 24 July 2015, on Patents (“New Patents Act” or “the new Law”), which is due to come into force on 1 April 2017. Although a blog is too short a place to discuss a law that has 186 articles, 10 “additional provisions”, 6 “transitory provisions”, 1 “derogatory provision”, and 9 “final provisions”, what follows is a short account of the aspects that the author finds of particular interest:

The first aspect deals with the examination and granting procedure, which has been changed completely. The New Patents Act has abandoned the “à la carte” examination procedure, whereby applicants were free to choose whet [...]

Germany – late filing of new prior art can be too late

The Oberlandesgericht Düsseldorf (Higher Regional Court, appeal instance) just issued a court order on the admissibility of new prior art that the defendant discovered only in the second instance infringement proceedings. The defendant and appellant in the proceedings had requested a stay of the infringement appeal based on this new and relevant prior art until a decision in the parallel invalidity action will be rendered. Irrespective of the admissibility of the new citation in the parallel invalidity action, the infringement appeal court requested the defendant to provide sufficiently justified reasons for the late filing in order to admit the new citation.

Pursuant to the formal rules o [...]

Pregabalin – second medical use claims construction in Denmark

In one of the ongoing Pregabalin diputes, the Danish specialty court for IPR, the Maritime and Commercial Court in Copenhagen, recently rendered a 50-pages decision in a PI-action filed by Warner-Lambert (“WL”) and Pfizer against Krka and the Danish Association of Pharmacies. The Danish Health Agency intervened in support of the Danish Association of Pharmacies.

WL applied for interlocutory injunctions to be granted against Krka and each of the 220 individually named pharmacies in Denmark.

The principal claim against Krka was a claim for an order according to which Krka would only be allowed to sell Pregabalin in Denmark if it were able to ensure that the pharmaceutical was not distribu [...]

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