European Central Bank v Document Security Systems Inc.

European Central Bank v Document Security Systems Inc.

The patent is invalid for added matter because the amended claims (specifically the overlaying of a grid to produce a protected image visually indistinguishable from the original) are not clearly and unambiguously disclosed in the original application. The patent is not anticipated by prior art banknotes, not obvious in light of prior art patents or common general knowledge, and not insufficient as the skilled person can determine scanning line width without undue difficulty.

Parties
Claimant: European Central Bank; Defendant: Document Security Systems Incorporated
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Patent Revocation / Judgment
Outcome
Patent revoked for added matter
Legal Topics
Added Matter, Obviousness, Anticipation, Insufficiency, Moiré Effect, Security Printing, Banknote Design
Intellectual Property Patent Law Added Matter Obviousness Anticipation Insufficiency Moiré Effect Security Printing +1 more

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Parties

European Central Bank

Claimant

Document Security Systems Incorporated

Defendant

Procedural Posture

Patent Revocation / Judgment

Legal Issues

  1. 1 Whether European Patent (UK) 0 455 750 is invalid for added matter
  2. 2 Whether the patent is anticipated by prior art banknotes
  3. 3 Whether the patent is obvious in light of prior art (GB 1,138,011 and DE 602,563)

Ratio Decidendi

The patent is invalid for added matter because the amended claims (specifically the overlaying of a grid to produce a protected image visually indistinguishable from the original) are not clearly and unambiguously disclosed in the original application. The patent is not anticipated by prior art banknotes, not obvious in light of prior art patents or common general knowledge, and not insufficient as the skilled person can determine scanning line width without undue difficulty.

Court Disposition

Patent revoked for added matter

Orders

  • Patent declared invalid under section 72(1)(d) of the Patents Act 1977
  • Allegations of anticipation, obviousness, and insufficiency dismissed