Articles on the subject of patents
The Unified Patent Court (UPC) The Unified Patent Court has been dealing with patent disputes - both infringement actions and nullity actions - at European level since June 1, 2023. The Court of Appeal of the Unified Patent Court has its seat in...
Research on patents and patent applications There are different forms of searches. Novelty of Invention: The novelty search is used to determine whether the invention meets the patentability requirement of novelty and what is already known about...
DMPA: Patent Law Modernization Act The 2nd Patent Law Modernization Act for new regulations in patent law and other areas of IP protection was prepared for the long term and came into force on August 18, 2021. We reported on the planned new...
BGH, Urteil vom 15. 03.2022, X ZR 18/20, Fahrerlose Transporteinrichtung Patent owners must announce auxiliary requests with which they defend the patent in due time before the first instance oral proceedings. Even if the filing of new auxiliary...
OLG Düsseldorf, Urt. v. 20.9.2021, I-2 W 18/21, Rückrufvollstreckung I, Urt. v. 24.9.2021, I-2 W 19/21, Rückrufvollstreckung II The OLG Düsseldorf has extended the requirements for the fulfillment of a recall claim in patent law - in favor of...
OLG Düsseldorf, Urteil vom 15. 07.2021, 15 U 42/20, Patentverletzendes Angebot durch Bewerbung eines Referenzobjektes This case involved modularly configurable assembly and repair pits that are supplied and assembled. A patent owner who invoked...
BGH, Urteil vom 13. 07.2021, X ZR 81/19, Diskontinuierliche Funkverbindung In connection with invalidity proceedings in the mobile communications sector ("Discontinuous Radio Link"), the issue was, among other things, an electronic document...
The claiming of a priority right is not effective if the subject matter of the later application can only be derived from the content of the earlier application on the basis of independent considerations of the person skilled in the art. In this...
For the question of equivalent use of features of a patented object, a distinction must be made in principle between such features which, from the point of view of the person skilled in the art, are "representative" of a certain technical...
World IP DAY Why do small and medium-sized enterprises play a special role in intellectual property? Small and medium-sized enterprises (SMEs) are the backbone of our economy. Well over 90 % of all companies in Germany are small and medium-sized...