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

With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Gift this article