The Province of Milan, the AIPPI (International Association for the Protection of Intellectual Property), and the Italian Intellectual Property Attorneys’ Institute held a conference on 21 November last, at which the theme was “Problems and Practices of the technical phase of IP litigation”.

The topicality of the theme and the high profile of the speakers, which included the presiding judges and other judges from the IP sections of the Courts of Milan and Turin, meant interest in the event went beyond the organizers’ wildest expectations, with demand for places exceeding the capacity of the venue – amid the beautiful frescoes of the Sala Affreschi at the Palazzo Isimbardi in Milan – by a factor of three.

The conference program touched on some of the central topics of recent times, ranging from a discussion of roles and procedures in light of the most recent changes introduced by the Italian Intellectual Property Code, to specific methods of evaluating validity requirements for patents.

Indeed, it is now increasingly common to draw on the grant procedure and on the Guidelines for Examination of patent applications adopted by the European Patent Office, in particular as regards the “problem-solution approach”, which is widely used and accepted in Italy for the evaluation of inventive step.

Among the speakers at the conference, Dr. Micaela Modiano and one of our patent attorneys, Dr. Alessandro Sanchini, had the honor of sharing their long experience in IP matters, which has been gained over many years of acting both as Court Technical Experts (CTEs) and as attorneys for parties.

The international scope of Modiano & Partners means our patent attorneys were not only able to show how the articles of law are reflected in the practical, day-to-day work of CTEs, but were also able to compare the role of the CTE in Italy with equivalent roles in other European jurisdictions, highlighting some basic differences both in the legal system and in the limitations and jurisdictional competence of judges and CTEs.

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