Thorsten Bausch

The FCJ held that: a) An objection by one party can lead to the petitioner being required to demonstrate a legitimate interest in the inspection of the files of a patent nullity procedure, but only…

The FCJ ordered that the petitioner must be granted access to the entire file wrapper. The objections raised by the plaintiff with regard to parts of the file which allow conclusions to be drawn on…

The Federal Court of Justice confirmed that a nullity defendant can defend its patent to a limited extent only insofar as it is attacked by the nullity plaintiff. The limited defence of the patent in…

...clearly less spectacular than the UK's ratification of the UPCA, but nevertheless noteworthy and - perhaps! - even more relevant in the long run (but that we shall see). My colleague Mike Gruber…

Suppose you are a (patent) attorney in a pharmaceutical company and want to advise your company how to best protect the results of a clinical trial designed to find out the best possible treatment…

In an extraordinary appeal pursuant to Sec. 321a of the German Civil Procedure Code, the FCJ confirmed that the courts are obliged to take note of and consider the actual and legal submissions of the…

The Federal Court of Justice held that the fact that all of the embodiment examples in an application comprise a specific feature stands in the way of claiming protection for embodiments without this…

This is the last post of my series on the EPO's vision and the current reality, this time dealing with the issue of EPO and "trust", including trust-building measures such as transparency, fairness…

I know that this is a patent blog. But something – I don’t know what, maybe it’s the upcoming meeting of the EPO’s Administrative Council – drives me to refer very briefly to a new CJEU ruling. Here…