ECHR did not find breach of Article 10 ECHR concerning inability to find employment under the KGB Act

IPPT20040727, ECHR, Sidabras v Lithuania

Freedom of expression - Inability to find employment because of the KGB Act not a restriction on ability to express views, because searched positions do not involve the imparting of ideas and information does not contitute a breach of Article 10 ECHR


Business scheme lacks technical character

IPPT20040421, TBA-EPO, Hitachi

Patent Law - In general, a method involving technical means is an invention. Subject matter consisting of technical and non-technical features can be an invention. In the Board's view, activities falling within the notion of a non-invention "as such" would typically represent purely abstract concepts devoid of any …


Likelihood of confusion between 'Quantum' and 'Quantième'

IPPT20070315, ECJ, T.I.M.E. v OHIM

Trade Mark Law - Fact that earlier mark is only of weak distinctive character is not of overriding importance


Margin of appreciation overstepped by imposing injunction that is too broad

IPPT20031211, ECHR, Krone Verlag v Austria

Publication - Violation of Article 10 ECHR: Austrian courts overstepped their margin of appreciation


Shape of a bottle capable of holding the attention of the public and indicating commercial origin

IPPT20031203, CFI, Nestlé Waters France v OHIM

Trade Mark Law - The Board of Appeal erred in finding that the three-dimensional mark applied for is devoid of any distinctive character


Features of inventions have to contribute to the technical character


Patent Law - Invention can only be made up of those features which contribute to technical character:  where a feature cannot be considered as contributing to the solution of any technical problem by providing a technical effect it has no significance for the purpose of assessing inventive step.Formulation technical …


Having technical character is an implicit requirement for inventions

IPPT20000908,TBA-EPO, Pension Benefit Systems

Patent Law - Method for doing business as such: If the method is technical or, in other words, has a technical character, it still may be a method for doing business, but not a method for doing business as such.

Apparatus claim:  a computer system suitably programmed for use in a particular field, even if that is …


Computer programs lack technical character, further technical effect is required

IPPT19980701, TBA-EPO, IBM

Patent Law - Computer programs as such: lacking technical character. Further technical effect required: It is necessary to look elsewhere for technical character: It could be found in the further effects deriving from the execution (by the hardware) of the instructions given by the computer program. Where said further …


A claim to the use of a known compound for a particular purpose should be interpreted as a functional technical feature

IPPT19891211, EBA-EPO, Mobil Oil - Friction reducing additive

Patent Law - New use of a known compound: A claim to the use of a known compound for a particular purpose, which is based on a technical effect which is described in the patent, should be interpreted as including that technical effect as a functional technical feature, and is accordingly not open to objection under …


The inventor of a "first medical indication" can obtain purposelimited product protection

IPPT19841205, EBA-EPO, EISAI - Second medical indication

Patent Law - Second medical indication – novelty – Swiss type claim: the inventor of a "first medical indication" can obtain purposelimited product protection for a known substance or composition, without having to restrict himself to the substance or composition when in a form technically adapted to a specified …