News
The jurisprudence of the merits intervenes on the requirement of novelty in obtaining the patent.
- 10/07/2017
Article 46 of the Code of Industrial Property states that an invention is new only if it is not in the state of the art, or in "everything that has been made accessible to the public in the territory of the State or abroad before the filing date of the application By a written or oral description, use or any other means. "
However, at least in the jurisprudence of the Court (Brescia Court, 1887/2017), that requirement does not appear to be a literal interpretation. In fact, in a case where the products bearing the patented features had previously been marketed, it was considered that there was no destructive pre-destruction of the novelty of the invention, since the latter postulated "at least the potential of a knowledge by an indefinite number of people. "
It will therefore be interesting to monitor possible arrests of the case law on the issue of legitimacy.
NEWS
The Council of State reaffirms some principles in the field of public procurement
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The Contracting Authority enjoys wide discretion in the evaluation of technical offers
18/04/2024The Council of State, section V, in its judgement of 27 February 2024, no. 1911, rendered on the subject of tenders, reaffirmed that "the evaluation of the tenders and, likewise, the awarding of sc...
- 15/04/2024
The Court of Cassation, in its judgement of 20 March 2024, no. 7329, rendered in banking matters, ruled that "in bank account agreements, the statement of account balance has evidentiary effectiven...
