Industrial Property, Application for invalidity of the Italian fraction of a European patent and termination of the matter of the dispute, Court of Milan, Section Fourteenth, Court of Companies, Judgment no. 1015 of 08 February 2021
Application for invalidity, due to lack of legal requirements and, in particular in terms of the lack of novelty, inventiveness and sufficient description, of the Italian fraction of European patents.
Technical consultancy on the point of validity of patents.
The ruling, of jurisprudential elaboration, of cessation of the matter of the dispute, presupposes that the interest of the parties in a decision on the proposed judicial request has ceased, and that is if a situation is ritually acquired or mutually admitted from which it emerges that it has ceased to exist. any reason for conflict between them (Cass. 2155/2012; 6617/2012).
The definitive revocation of the European patent in question must lead to the belief, in the present case, of this situation (see, in a case similar to the present one, Cass. N. 22984 of 2019).
On 10 September 2020 the oral hearing was held before the Board of Appeal of the European Patent Office after which patent no. …… was definitively revoked due to lack of inventive activity.
The preceding argumentative network leads to accept the request for nullity of … which presents an inventive level that is entirely superimposable to that, non-existent, of …
The matter of the dispute of the application for nullity of the Italian portion of the European patent has been declared over.
03 May 2021
Source Corporate Jurisprudence