Enforceability Before National Courts
The case law of the EPO Boards of Appeal is not binding on the EPO member states and different national courts acting on different cases may take a different view of patentability under Art. 52(2) EPC. Any European patent issued by the EPO may be revoked in a patent infringement lawsuit or revocation proceedings before a national court if for instance the court judges the invention as non-patentable in view of new prior art evidence or in view of a reconsideration of the available prior art.
Read more about this topic: Software Patents Under The European Patent Convention
Famous quotes containing the words national and/or courts:
“Public speaking is done in the public tongue, the national or tribal language; and the language of our tribe is the men’s language. Of course women learn it. We’re not dumb. If you can tell Margaret Thatcher from Ronald Reagan, or Indira Gandhi from General Somoza, by anything they say, tell me how. This is a man’s world, so it talks a man’s language.”
—Ursula K. Le Guin (b. 1929)
“The decisions of law courts should never be printed: in the long run, they form a counterauthority to the law.”
—Denis Diderot (1713–1784)