European Central Bank v Document Security Systems Inc. [2007] EWHC 600 (Pat) (26 March 2007)

European Central Bank v Document Security Systems Inc. [2007] EWHC 600 (Pat) (26 March 2007)

The patent is invalid for added matter because the amendments introduced subject matter not disclosed in the application as filed. The patent is also invalid for obviousness in light of the prior art and common general knowledge. The claims are not sufficiently supported by the disclosure, and the teaching is insufficient for a skilled person to determine the required scanning line width. The patent is therefore revoked.

Citation
[2007] EWHC 600 (Pat)
Parties
Claimant: European Central Bank; Defendant: Document Security Systems Incorporated
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Patent Revocation / First Instance Judgment on Validity
Outcome
Patent revoked
Legal Topics
Patent Validity, Obviousness, Added Matter, Anticipation, Insufficiency, Security Printing, Moiré Effect, Scanning Type Copying Devices
Intellectual Property Patents Patent Validity Obviousness Added Matter Anticipation Insufficiency Security Printing +2 more

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Parties

European Central Bank

Claimant

Document Security Systems Incorporated

Defendant

Procedural Posture

Patent Revocation / First Instance Judgment on Validity

Legal Issues

  1. 1 Whether the patent contains added matter beyond the application as filed
  2. 2 Whether the patent is obvious in light of prior art and common general knowledge
  3. 3 Whether the patent is anticipated by prior use or publication

Ratio Decidendi

The patent is invalid for added matter because the amendments introduced subject matter not disclosed in the application as filed. The patent is also invalid for obviousness in light of the prior art and common general knowledge. The claims are not sufficiently supported by the disclosure, and the teaching is insufficient for a skilled person to determine the required scanning line width. The patent is therefore revoked.

Court Disposition

Patent revoked

Orders

  • European Patent (UK) 0 455 750 is revoked.