Thorsten Bausch

No, this is not another blog about the Brexit, even though the current figures of the EU referendum polls in the UK make this author wonder how it comes that cooperation and European harmonization is…

Let’s begin with the German statute and compare it with the EPC. Section 34 of the German Patent Act (GPA) stipulates the following: (3) An application shall contain: 1. the name of the applicant;…

Okay, this result, which was recently reached by TBA 3.3.04 in decision T 394/11 (in German language), may perhaps not come as a big surprise to you, since we all learnt in school that acetic acid is…

Although patentability is generally regarded as a question of law per se, the actual technical disclosure of a prior art example was seen as a question of fact and therefore a matter for the first…

Two draft bills implementing the UPCA in the German legal system have recently been proposed by the German Ministry of Justice (BMJV) and shall be considered in the following. The first is the…

A recent decision by the German Federal Court of Justice (Polyesterabmischungen, X ZR 90/11) relating to a patent concerning polyester resin blends may be instructive to demonstrate how an…

By Klemens Stratmann Currently, the parties involved in appeal proceedings before the EPO see a clear trend towards decisions rendered on formal grounds. If the patentee files new requests along with…

Some musings about a song by Georg Kreisler and about the most recent plans of the President of the EPO to have the Boards of Appeal move to Vienna. The unforgettable Austrian–American Viennese…

A new decision by the German Federal Court of Justice (X ZR 112/13 - Teilreflektierende Folie) provides another illustrative example of the FCJ's fairly generous and applicant-friendly case law on…