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

Public figures are turning to trademark protection to combat the threat of AI deepfakes and are monetising their brand through licensing deals, a trend that law firms are keen to capitalise on
News of Avanci Video signing its first video licence and a win for patent innovators in Australia were also among the top talking points
Tom Melsheimer, part of a nine-partner team to join King & Spalding from Winston & Strawn, says the move reflects Texas’s appeal as a venue for high-stakes patent litigation
AI patents and dairy trademarks are at the centre of two judgments to be handed down next week
Jennifer Che explains how taking on the managing director role at her firm has offered a new perspective, and why Hong Kong is seeing a life sciences boom
AG Barr acquires drinks makers Fentimans and Frobishers, in deals worth more than £50m in total
Tarun Khurana at Khurana & Khurana says corporates must take the lead if patent filing activity is to truly translate into innovation
Michael Moore, head of legal at Glean AI, discusses how in-house IP teams can use AI while protecting enforceability
Counsel for SEP owners and implementers are keeping an eye on the case, which could help shape patent enforcement strategy for years to come
Jacob Schroeder explains how he and his team secured victory for Promptu in a long-running patent infringement battle with Comcast
Gift this article