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to market a generic copy of said rivastigmine patch, in its defence argued that the patent was invalid and that it had been revoked by the EPO and could therefore not provide protection.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

A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
DWF helped client Dairy UK secure a major victory at the UK Supreme Court
Hepworth Browne led Emotional Perception AI to victory at the UK Supreme Court, which rejected a previous appellate decision that said an AI network was not patentable
James Hill, general counsel at Norwich City FC, reveals how he balances fan engagement with brand enforcement, and when he calls on IP firms for advice
In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
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
Gift this article