Greece: PI awarded despite negative validity judgment from EPO

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Greece: PI awarded despite negative validity judgment from EPO

The Athens Single Member Court of First Instance recently granted a preliminary injunction based on a patent despite the fact that the Opposition Division of the EPO, a few days before the preliminary injunction hearing, had revoked the same patent.

The case concerned a preliminary injunction filed on behalf of an originator pharmaceutical company based on a patent covering a novel dosage regimen of a transdermal patch containing rivastigmine used in the treatment of Alzheimer's disease. The defendant, a company seeking to market a generic copy of said rivastigmine patch, in its defence argued that the patent was invalid and that it had been revoked by the EPO and could therefore not provide protection. Furthermore, the defendant argued that the patent's claim was not to a dosage regimen of a transdermal patch but rather to the transdermal patch per se and that the generic product had different structural features and hence was not infringing. Furthermore, the generic company argued there was no urgency and that it was in the health funds' interest that a generic product be allowed to be launched in the market.

The Court, after assessing the nullity grounds raised by the defendant, was not convinced. Furthermore, the fact that the EPO Opposition Division had recently revoked the patent did not stop the judge from granting the PI requested, as the patentee had filed an appeal, which under Article 106(1) EPC has a suspensive effect. The judge found that the patent was directed to a dosage regimen and the structural differences of the two patches were not relevant on infringement, given that the generic patch fell under the protected dosage regimen. Furthermore the judge acknowledged that the patentee had spent considerable time and resources in R&D to arrive to the protected invention and that it would suffer significant financial damage if the generic product was allowed to be launched in the market.

This decision is an important one since it is not often that a Greek court will decide to accept the prima facie validity of a European patent despite the fact that the EPO Opposition Division has revoked said patent and proceed to apply a balance of the parties' interests, deciding in favour of the patentee.

kilimiris.jpg

Constantinos Kilimiris


Patrinos & Kilimiris7, Hatziyianni Mexi Str.GR-11528 AthensGreeceTel: +30210 7222906, 7222050Fax: +30210 7222889info@patrinoskilimiris.comwww.patrinoskilimiris.com

more from across site and SHARED ros bottom lb

More from across our site

Via LA’s Qi wireless charging patent pool now covers more than 50% of all SEPs in the space
Vida Panganiban-Alindogan at SyCip Salazar Hernandez & Gatmaitan discusses IP valuation and why no IP practice area is more important than the other
The IP team at Morais Leitão discusses high-stakes litigation, strategic partnerships with clients, and bolstering cross-border expertise
Eszter Szakács discusses 5.30 am wake-ups, legal mind games, and eating Nutella in the middle of the night
Counsel explain how AI can create brand protection headaches, but also be used to fight fakes
An AI copyright update in the UK and IP protection efforts by Temu and WeChat were also among the top talking points this week
Mary Till says she has been helping clients navigate policy questions, including staffing concerns at the office
A seminal decision concerning second medical use patents and questions over confidentiality were among the top talking points this fortnight
Managing IP considers some of the key themes from the 2025 Annual Meeting and offers some tips for London 2026
A comparison of the 2024 and 2025 editions of the Managing IP EMEA Awards reveals the firms and companies that have been dominating Europe’s IP market year after year
Gift this article