Greece: PI awarded despite negative validity judgment from EPO

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: 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to market a generic copy of said rivastigmine patch, in its defence argued that the patent was invalid and that it had been revoked by the EPO and could therefore not provide protection.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

After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
In the first of a two-parter, lawyers at Santarelli analyse the patentability of therapeutic inventions where publication of clinical trial protocols occurs before the application's filing date
Arun Hill at Clarivate assesses the Top 100 Global Innovators 2026 list, including why AI has assumed a strategic importance for innovation
Practitioners and law firms should keep their eyes peeled for the shortlists for our annual awards
Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
News of White & Case asking its London staff to work from the office four days a week and a loss for Canva at the Delhi High Court were also among the top talking points
With boutiques offering an attractive alternative to larger firms, former Gilbert’s partner Nisha Anand says her new firm will be built on tech-smart practitioners, flexible fees, and specialised expertise
Gift this article