Thorsten Bausch

Lesson 4: The UPC will not apply the Problem-Solution-Approach as developed by the EPOThis is now abundantly clear. In November 2025, the first and the second panel of the CoA have agreed on a common…

It has been a while since I last commented on the case law of the Unified Patent Court (UPC) on validity. To be precise, it was on 22 July 2024 in a blog titled “First Lessons on Validity before the…

Matthieu Dhenne and Marco Stief recently published on this blog two articles on the subject of the 'first marketing authorization' under Article 3(d) of Regulation (EC) No 469/2009, aka the SPC…

As discussed at length here, in T 56/21 3.3.04 came close to referring this issue to the Enlarged Board before getting cold feet. 3.3.02 have now taken up the gauntlet in T 697/22 and referred the…

 G 1/24 has now been issued, and concludes “The description and any drawings are always referred to when interpreting the claims, and not just in the case of unclarity or ambiguity.” With this simple…

A famous joke that must now be over 30 years old quips about the strength of the (German) patent attorney profession: „If all German patent attorneys and their families decide to settle in a single…

It's this time of the year again - merry Christmas, happy holidays and/or best wishes for whatever you are celebrating next week. This year's Christmas present comes from the CJEU and is specifically…

This will only be a very short post, but one important new development on the borderline of patent law and antitrust law shall not be left unnoticed on this blog. The European Commission has fined…

We have long meant to write something about the need, or the lack thereof, for adapting the description to amended claims. The announcement in the second preliminary opinion of Technical Board of…