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:
“All national institutions of churches, whether Jewish, Christian or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power and profit.”
—Thomas Paine (1737–1809)
“In the U.S. for instance, the value of a homemaker’s productive work has been imputed mostly when she was maimed or killed and insurance companies and/or the courts had to calculate the amount to pay her family in damages. Even at that, the rates were mostly pink collar and the big number was attributed to the husband’s pain and suffering.”
—Gloria Steinem (20th century)