Swiss Patent Jurisprudence 2012

The new Swiss Federal Patent Court, with nationwide first-instance jurisdiction over all civil patent matters, has been operating since January 1, 2012. This article reviews and contextualizes the most important patent cases published in 2012 by the Swiss Federal Patent Court and the Swiss Federal Supreme Court. More specifically, the article covers cases on issues such as the evidentiary status of party expert opinions, the formal requirements for requests for injunctive relief, the infringement and non-obviousness tests employed by the Swiss Federal Patent Court, the use of reports and statements from technical judges in lieu of expert opinions, and the procedural devices for the pre-trial taking of evidence, in particular the new patent-specific device of precise description. The author suggests that designing the Federal Patent Court to include technically trained judges may lead to a more automatic adoption of the practices and case law of the European Patent Office. The article concludes that the revamped Swiss patent litigation system has the potential of turning Switzerland into a competitive venue for the adjudication of patent matters in Europe.

Patent policy and public health in developing countries: lessons from Japan

The introduction of pharmaceutical product patents in India and other developing countries is expected to have a significant effect on public health and local pharmaceutical industries. This paper draws implications from the historical experience of Japan when it introduced product patents in 1976. In Japan, narrow patents and promotion of cross-licensing were effective tools to keep drug prices in check while ensuring the introduction of new drugs. While the global pharmaceutical market surrounding India today differs considerably from that of the 1970's, the Japanese experience offers a policy option that may profitably be considered by India today. The Indian patent system emphasizes the patentability requirement in contrast to the Japanese patent policy which relied on narrow patents and extensive licensing. R&D by local firms and the development of local products may be promoted more effectively under the Japanese model.

The Italian Merck Case. Research Papers in Law, 1/2007

From the Introduction. Regulation 1768/921 created supplementary protection certificates (hereinafter, ‘SPCs’) for medicinal products (hereinafter, “pharmaceuticals”) protected by patents. SPCs afford the same exclusive rights as those conferred by patents once these expire and may be granted for a maximum of five years.2 Italy enacted similar legislation in 1991, the most salient difference between both texts being that, pursuant to Law No. 349/91,3 holders of Italian patents for pharmaceuticals could be granted supplementary protection for a maximum period of 18 years after the expiration of the patent. Following the enactment of Regulation 1768/92, SPCs granted by the Italian authorities were brought in line with the period provided for in that text. However, pharmaceuticals for which supplementary protection was sought in the lapse between the adoption of Law No. 349/91 and Regulation 1768/92 (around 400 products) continued to enjoy the protection provided for in the former text.4 Several steps were taken by the Italian authorities to progressively reduce the length of protection granted to these products.

The AstraZeneca Case. Research Papers in Law, 4/2007

Introduction. On June 2005, after a five year investigation, the Commission imposed a 60 millions euros fine on AstraZeneca (hereinafter AZ) for having abused its dominant position in several Member States in the market for proton-pump inhibitors (PPI)2. It was alleged that AZ misused the patent system and procedures for marketing pharmaceuticals to block or delay the entry of generic competitors and parallel traders to its ulcer drug Losec3. This decision is a seminal one. The political and legal importance of the CFI judgment that will review the case (and the ECJ appeal that is likely to follow) cannot be understated. On the one hand the incentive to innovate and to undertake R&D is at stake, on the other, the uncertain boundaries between competition and intellectual property law should once again be explored. In contrast to the US, where many cases concerning the abuse of regulatory and governmental procedures have already been dealt with competition authorities and courts, it is the first time in Europe that such conduct is subject to scrutiny through an anti-trust lens. Moreover, following the appeal brought by AZ against the Commission decision, the CFI will be confronted for the first time with an abuse of a dominant position in the pharmaceutical sector, which explains why this judgment is eagerly anticipated4.

Challenges to the Patent System in face of Open Hardware

Dannie Jost gave a presentation outlining some of the challenges to the patent system presented by open source hardware at the "Open Knowledge Festival", under the topic stream treating open design, hardware, manufacturing and making; September 19, 2012; Helsinki, Finland. This topic stream generated considerable discussion, and it serves to educate an audience that is usually very adverse to patents and copyright, and helps the researcher understand the issuing conflicts surrounding emerging technologies, in particular digital technologies, and the maker movement (digitally enabled).

The law, practice, and procedure, relating to patents, designs, and trade marks : containing the Patents, Designs, and Trade Marks Act, 1882 : with the rules and forms, and the official instructions, regulations, and notices issued in pursuance of the act : and also the law officers' rules, and Privy Council rules : with full notes and comments /

Includes bibliographical references and index.

Court of Customs and Patent Appeals.

Vols. issued in 2 pts., each having also a separate title: Customs cases adjudged ...; Patent cases adjudged ...

An essay on the law of patents for new inventions /

Includes bibliographical references and index.

Interference law and practice ...

Bibliography: v.4, p. [2981]-2998.

Reports of cases arising upon applications for letters-patent for inventions determined in the Circuit and Supreme courts of the District of Columbia on appeal from the commissioner of patents, and a table of the patents directly involved therein, together with references to the cases where these patents have been litigated and construed, sustained, or held invalid.

Reprint of the 1885 ed. published by W. H. Morrison, Washington, D.C.

Court of Customs and Patent Appeals reports.

Vols. issued in 2 pts., each having also a separate title: Customs cases adjudged ... ; Patent cases adjudged ...

The law of electrical invention /

Mode of access: Internet.