PATENTS | The Italian Supreme Court on patent interpretation
On 29 May 2024, the Court of Cassation issued its Decision No. 15039/2024 concerning a case of patent interpretation. The case concerns a patent on a certain type of plastic bottle. In accordance with its case law, the Court held that the interpretation of a patent is primarily based on the claims. However, descriptions and drawings may be used to clarify the meaning of claims that are not self-explanatory, pursuant to Article 52.2 of the Italian Intellectual Property Code. The Court highlighted that such an interpretation is pivotal to ensure both a fair protection for the patentee and reasonable legal certainty for third parties.
Newsletter n. 98 – July 2024