Dutch Supreme court: inventive steps matter, not others
The Supreme Court decided on October 3 2014 that it is not relevant whether the objective technical problem to which the invention offers a solution would have been recognized by the skilled artisan. What is relevant is whether the invention does not result from the state of the art in an obvious manner. With this remark, the Supreme Court dismissed Leo Pharmaceutical's cassation appeal and endorsed the decision of the Appeal Court in which EP679154 is deemed to lack inventive step.
Tags: Netherlands, IPR, inventive step, inventions, court decision