6
April
2016
Foreign patent office decisions accepted as evidence of rights reinstatement
The Italian Board of Appeal recently held that the conclusions of foreign national patent offices are relevant evidence when evaluating whether a patent owner seeking the…
10
February
2016
Right to fair reward for employee inventor
A recent decision of the Court of Milan addressed the right to a fair reward which is available, in certain circumstances specified by patent law, to an employee working within…
13
January
2016
Appeal board confirms similarity of hairdressing products and services
In a recently published decision (Case 7416, Decision 33/2015) the Italian Board of Appeal issued its ruling on an appeal filed by Sebastiano Cardillo Ciccione requesting reversal…
10
December
2015
Reformulating patent claims: a reintroduction to new Article 79
In early 2015 the Court of Milan issued several decisions concerning the application of Article 79 of the Industrial Property Code, which was amended in 2010. In some of these…
2
December
2015
Wine and oil do not mix – except in trademark rulings
The Court of Cassation (Civil Division, Section I, April 13 2015, no 7414) recently upheld a Milan Court of Appeal decision holding that, with respect to trademarks, wine and oil…
11
November
2015
Sunstar redux: agent’s mistake no excuse for non-observance of renewal deadline
After 10 years of litigation the Court of Cassation recently ruled that an agent’s mistake does not excuse non-observance of a mandatory deadline for paying patent renewal fees.
7
October
2015
Pre-filing disclosure of invention to non-skilled audience may destroy novelty
According to a recently published decision of the Italian Board of Appeal, the level of skill and understanding of an audience to which a pre-filing disclosure is made has little…
22
July
2015
Is a trademark consisting of two complex Chinese characters inherently distinctive?
A recent Italian Patent and Trademark Office (ITPO) decision to register a trademark consisting of two complex Chinese characters was based on the distinctiveness of two Chinese…
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