...well not really, but the German Federal Court of Justice has recently issued a decision (Kreuzgestänge, X ZR 103/13) that may expose Germany's "Bifurcation System" to even more questions and…
Some Late Summer Thoughts about Molten Polymers and two Decisions by the German Federal Court of Justice
Now that the unusual heat of this summer in central Europe finally seems to have ended, it…
No, not what you might perhaps have hoped for. A lot is currently ongoing at the European Patent Office about the status, the independence, the future location and the (self-)administration of the…
When defining the technical problem underlying an invention, it may not simply be assumed that the person skilled in the art needed to address a particular problem. On the contrary, the technical…
(a) Advantages of the invention that have only become evident once the invention was made, and at which therefore the skilled person would not have directed his efforts to further develop the state…
The strict formalistic approach adopted by the EPO on many issues can easily lead to the applicant being trapped between various requirements of the EPC. One particularly well-known problem is the…
With its judgment of March 5, 2015 (I-2 U 16/14), the Higher Regional Court (HRC) Dusseldorf reversed the first-instance decision and has now come to same conclusion as did the High Court of Justice…
On 24 March, 2015, the Enlarged Board of Appeal of the EPO, the final judicial arbiter of the interpretation of the European Patent Convention, issued Decision G 3/14 addressing the question of when,…
One area where the practice of the EPO and the German Federal Court of Justice (FCJ) could not be further apart was the assessment of added matter. While the FCJ traditionally had been very lenient…
