Greece: Court rules combination product is inventive

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Greece: Court rules combination product is inventive

A defendant in preliminary injunction proceedings heard before a Greek court, relating to the infringement of a pharmaceutical patent, may raise an objection to the patent's validity. This option is not free from difficulties as the Greek court, which has jurisdiction to grant an injunction, is not a specialised IP court which has jurisdiction to try the same case in ordinary proceedings, but a court having general jurisdiction on civil and commercial matters.

In the specific case, the patent in suit was one containing an independent claim that covers a new and inventive active ingredient (active ingredient A), which was not challenged by the defendant. The same patent also contained a dependent claim, which covered a combination of the active ingredient A along with another off-patent active ingredient (active ingredient B). The defendant's objection on inventive step was only directed against the above-mentioned combination.

The Greek court dismissed the objection as a matter of law, holding that it cannot in any way be inferred, as per the defendant's allegation, that the combination of the two active ingredients, does not meet the condition of inventive step, given that active ingredient A was not known before the grant of the patent in suit, since it was first discovered with the invention protected by the patent, and, therefore any combination of a previously unknown substance, such as active ingredient A, with a known substance, such as active ingredient B, was not obvious or evident.

This is in line with EPO case law, according to which, in cases where an independent claim is acknowledged as new and inventive, it follows that the claims dependent thereon are also new and inventive (see EPO Guidelines, G VIII -13), as argued by the claimant.

Good guidance helps, especially in IP cases where fast and effective protection is a stepping stone for IP owners.

metaxakis.jpg

Manolis Metaxakis

Patrinos & Kilimiris

7, Hatziyianni Mexi Str.

GR-11528 Athens

Greece

Tel: +30210 7222906, 7222050

Fax: +30210 7222889

info@patrinoskilimiris.com

www.patrinoskilimiris.com


more from across site and SHARED ros bottom lb

More from across our site

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article