All this is deeply regrettable

In aansluiting op het vonnis van de Rechtbank Den Haag van 12 maart in de zaak van de Europese Centrale Bank tegen Document Security Systems, Inc, de pan-Europese octrooizaak over de Eurobiljetten (zie IEF 5801):

The Supreme Court Of Judicature Court Of Appeal (Civil Division), 19 maart 2008, case no: A3/2007/0879, European Central Bank v. Document Security Systems Incorporated.

“On 12 March 2008 the Dutch Court agreed with the German Court. In sporting terms, the score is currently 2-2 to the ECB at first instance level.

All this is deeply regrettable. It illustrates yet again the need for a one-stop patent shop (with a ground floor department for first instance and a first floor department for second instance) for those who have Europe-wide businesses."

(…) 51. The Judge gave his reasons for holding that there was added matter at [131-136]. He particularly dealt with the notion of implicit disclosure from the [0008].

He said: “[134] Fourth, the application does describe the accidental fashion in which the invention was made. It is apparent from this description that there was some sort of interaction between the first image created by the copier and the mechanism of the copier when a further copy was made. But it is not clear whether that interaction was caused by the grid imposed by the output printer of the copier or the grid imposed by the scanning mechanism or by a mixture of the two. Nor does the application suggest that this aspect of the way the invention was made forms part of the teaching as to how it is to be performed.”

52. We do not think that summary of the position can be bettered. It is the reason why this appeal should be dismissed.”

Lees de uitspraak hier.