Background The decision (UPC CFI 355/2023) of the UPC’s Düsseldorf Local Division relates to European patent EP 3594009, owned by Fujifilm. The patent was validated and remained in force in both Germany and the United Kingdom. Fujifilm initiated an infringement action...
Laos will join the five existing validation states (Morocco, Republic of Moldova, Tunisia, Cambodia, and Georgia) and the one extension state (Bosnia and Herzegovina) in which patent rights can be obtained based on a granted European patent. This means that, from...
Article 84 EPC seems clear in stating that “the claims shall define the matter for which protection is sought”. More recently, the Unified Patent Court (UPC) on the face of it appears to concur. UPC Court of Appeal decision 335/2023 states “The Patent Claim is not...
This issue was previously considered by the Enlarged Board in G3/04, who concluded that the Appeal could not be continued. The G3/04 decision notes that the status of an intervener is defined in Article 105 EPC which states:- Any third party may, in accordance with...
Background and First Instance Decisions In Europe, claims directed toward mathematical methods are allowable only if it is clear that they contribute to the “technical character” of an invention. Under European practice, to assess the inventive step of a mathematical...
Background European patent no. EP 2 991 507 B1 was granted with claims directed to a mixture containing fish oil and fruit juice for use in the treatment of cancer. At opposition, the patent was found to lack novelty and the amendments proposed by the patent...
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