Articles on the subject of patents
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...
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...
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...
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...
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...
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...
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,...
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...
Practical tips for creating patent drawings Drawings for an invention Drawings are not a mandatory part of a patent application, but they can be very helpful in understanding the concept of invention. In addition to sketches, technical drawings...