Munich Local Division Endorses EPO’s Problem-Solution Approach In Edwards Lifesciences vs Meril (UPC_CFI_501/2023), the Munich Local Division (LD) has affirmed the use of the problem-solution approach (PSA) for assessing inventive step. The PSA, a method long...
It is generally accepted in the world of IP that all inventions fall into one of four categories: products, methods, apparatuses (i.e. products for carrying out specific processes), and uses. Thus, when drafting a new patent application, an important first step is to...
In order to obtain a patent, an invention must meet various criteria. One of the most important criteria is novelty, meaning that an invention must not be publicly disclosed before the patent application was filed. Disclosure may take many forms and includes...
Background The subject CJEU referral stems from an action brought before the Swedish national court by BSH Hausgeräte GmbH (‘BSH’) against Electrolux AB (‘Electrolux’) seeking an injunction and damages with respect to the unlawful use of their invention protected by...
Specifically, the closest prior art in this case taught that a higher concentration of a particular component of the composition was advantageous. The Patentee attempted to argue that the claimed composition was inventive over the art on the basis that the same...
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