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…
A first review of the EPO’s proposals for the EP-UE renewal fees in comparison to the current rates
by Thorsten Bausch and Greg Sach
The EPO, or more specifically the president of the EPO, has…
The Federal Court of Justice decided in the "Electric Kettle" case (25.06.2014, docket X ZR 72/13) that the placing of goods in transit proceedings does not infringe a patent right in Germany as the…
The German Federal Court of Justice (FCJ) has just issued its written decision in the case "Repaglinid" (X ZR 128/09). As far as can be seen, the decision is not yet available on the FCJ’s website…
by Niels Hölder and Thomas Koch
In “Zugriffsrechte” (Access Rights) (docket X ZR 35/11), the Federal Court of Justice decided that a claim can in principle not be construed such that it covers none…
Thanks to Miquel Montaña’s brilliant Christmas post, we have learnt a lot about the lucina sine (aut cum) concubitu and the legal impact her involvement may have had for the application of Directive…
Charles de Secondat, Baron de Montesquieu knew it all as early as 1748: "Experience teaches that every human being who has the power tends to abuse it. Therefore, it is necessary that the power sets…
by Anne Katrin Schön
On 12 June of this year, the German Federal Court of Justice (FCJ) in Karlsruhe concluded nullity appeal proceedings (X ZR 96/11) against the German part of European patent EP 1…
by Dr Mark A G Jones
The UK’s Intellectual Property Act 2014, enacted to implement recommendations of the 2011 Hargreaves Review of Intellectual Property, has extended the powers available to the…
