On 19 January 2018 it was published the decision of the Bologna Court of Appeal in a case relating to a patent having as subject matter ‘a particular kind of plastic packaging for glasses, sealing the glass directly to the neck of a bottle, allowing to fit the neck of the bottle directly inside the glass’. Based on such patent the plaintiff appellant Tecnoform had realized the product ‘Glasspack’. In 2009 Tecnoform sued Vetro Paini before the Court of Bologna claiming that the latter manufactured and marketed products that were infringing its patent. Vetro Paini as its defence, pleaded the nullity of the patent.On 28 March\/9 April 2014 the Court of Bologna ruled for the nullity of the patent and dismissed the claim for infringement. This decision was subsequently appealed and the Bologna Court of Appeal was called to assess the validity of such patent.The Court of\u00a0Appeal upheld the decision in the first instance, ruling that the patent at\u00a0issue was invalid for lack of the inventive step requirement and recalled that\u00a0‘there is lack of novelty when all the technical features contained in the\u00a0claims of the patent have already been disclosed by a prior art considered\u00a0individually’ whilst the invention lacks the pre-requisite of inventive\u00a0step when the person skilled in the art ‘after having obtained all the\u00a0information made available to the public, possibly also combining a multitude\u00a0of inventions and existing knowledge’\u00a0consider the technical problem\u00a0to be obvious.<\/p>\n
A third party\u00a0subject, summoned in the proceedings, remained in default in the first degree\u00a0stage. To such regard, interestingly the Bolognese Judges stated that the\u00a0nullity of the patent, acknowledged as a cross appeal and hence following a\u00a0defense and not a request, may be enforced by all the parties interested in the\u00a0proceedings, including the party that remained in default, which is always part\u00a0of the proceedings.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
On 19 January 2018 it was published the decision of the Bologna Court of Appeal in a case relating to a patent having as subject matter ‘a particular kind of plastic packaging for glasses, sealing the glass directly to the neck of a bottle, allowing to fit the neck of the bottle directly inside the […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":""},"categories":[32,37],"tags":[],"yoast_head":"\n