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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p><b>It follows from Arts. L4111-4 and R411-19 of the Intellectual Property Code that an appeal against a decision of the Director General of the INPI concerning the granting of industrial property rights, such as an SPC, is an appeal for annulment, without devolutive effect. Consequently, the appeal court hearing an appeal against such a decision must consider the circumstances that existed at the time the decision was taken.</b></p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p><b>The subject matter of the SPC concerned must be understood within the limits of what a person skilled in the art is objectively able, at the filing date or priority date of the basic patent, to infer directly and unequivocally from the specification of that patent as filed, based on that person’s general knowledge in the relevant field at the filing date or priority date, and in the light of the prior art at the filing date or priority date.</b></p> </ItemContent> </ListItem> </OrderedList></p>

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“Antibody SPC”

  • 期刊论文

  • 发表日期：

    2026年5月20日

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摘要

1.

It follows from Arts. L4111-4 and R411-19 of the Intellectual Property Code that an appeal against a decision of the Director General of the INPI concerning the granting of industrial property rights, such as an SPC, is an appeal for annulment, without devolutive effect. Consequently, the appeal court hearing an appeal against such a decision must consider the circumstances that existed at the time the decision was taken.

2.

The subject matter of the SPC concerned must be understood within the limits of what a person skilled in the art is objectively able, at the filing date or priority date of the basic patent, to infer directly and unequivocally from the specification of that patent as filed, based on that person’s general knowledge in the relevant field at the filing date or priority date, and in the light of the prior art at the filing date or priority date.