We regularly publish articles on topics relating to intellectual property law.
The articles in this blog do not substitute professional legal advice by patent attorneys and attorneys at law.
The articles only provide an introduction to the topics of intellectual property law. Professional legal advice always requires considering the individual circumstances of a case.
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European Unitary Patent and Unified Court The agreement on the unitary patent should have been ratified in Germany by the end of 2020. New constitutional challenges delay introduction of unitary patent In its decision of March 2020, the Federal Constitutional Court...
New Federal Court of Justice (BGH) case law on the revocation of a trademark BGH, Urt. v. 14.01.2021, I ZR 40/20 – STELLA The case-law according to which, in the case of an action for revocation of a trademark, the period between the date on which the action...
LG Düsseldorf, Urt. v. 13.01.2021, 12 O 240/20 – Rheinturm-Lichtinstallation The projection of coloured surfaces onto the shaft of the Düsseldorf Rhine Tower significantly alters its architecture, as a result of which intrinsic features of an older work...
EuG, Urt. v. 16.12.2020, T-118/20 – Voco GmbH/EUIPO The more the 3D shape applied for approximates the shape in which the product in question is most likely to appear, the more likely that shape is to lack distinctive character. In those circumstances, only a...
BPatG, Urt. des X. Zivilsenats v. 15.12.2020 – X ZR 180/18 – Scheibenbremse A citation which only came to the attention of the invalidity applicant at second instance may only be taken into account if the applicant explains and, if necessary,...
Standard-essential patents (SEP) Standard-based technologies From the point of view of patent law, the interaction of different, cross-technology systems is increasingly assuming a decisive key position, especially in the technological fields of information...
BPatG, Urt. v. 12.10.2020, 35 W (pat) 434/18 – Grill und Holzkohlekammer If a utility model proprietor defends a utility model attacked with a partial cancellation request directed against individual claims with a non-attacked subclaim, this is inadmissible....
BGH, Urt. v. 20.10.2020, X ZR 158/18 – Zigarettenpackung A patent shall not be declared invalid if the insertion of a feature not disclosed in the documents originally filed or not disclosed as belonging to the invention results in a mere limitation of the...
BPatG, 12. 10.2020 – 35 W (pat) 434/18 – Grill und Holzkohlekammer Claims filed subsequently to the file do not directly change the content of a registered utility model. Therefore, cancellation requests in this case must also be directed against the...
BGH, Urt. v. 07.10.2020, I ZR 137/19 – Papierspender The claims, descriptions and drawings of the parallel patent disclosure for a product are among the objective circumstances relevant to the individual case, which are to be assessed when examining whether...