Dehns overcomes opposition through craftsmanship

Dehns' partner Neil Campbell represented Borealis AG before the Appeal Board at the European Patent Office in a case concerning uniaxially oriented multi-layer films which are used in a variety of packaging solutions.

Borealis AG had obtained a patent to cover these films which was opposed by a competitor. Unfortunately, one of the inventors had published large parts of the invention in an advertising brochure prior to the filing of the original patent application. The advertising brochure was therefore a bar to the grant of the patent which Borealis had obtained. The competitor noted this and argued in the opposition that the patent was therefore invalid.

Despite this serious hurdle, Neil was able to craft new patent claims which distinguished the films disclosed in the brochure and which were still commercially relevant to the client. Moreover, Neil was able to convince a panel of three expert judges that the claims he had crafted were both novel and inventive over the films previously known, despite protestations from the competitor in the inter parties hearing.

The new patent claims drafted by Neil were accepted by the Appeal Board and remain in force across Europe.