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to market a generic copy of said rivastigmine patch, in its defence argued that the patent was invalid and that it had been revoked by the EPO and could therefore not provide protection.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

Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
The initial contempt of court claim targeted Stobbs and the firm’s client for allegedly interfering with the administration of justice
Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
Gift this article