The main principles applicable for assessing whether a non-disclosed disclaimer meets the requirements of Article 123(2) EPC have been laid out in the decision G 1/03 of the Enlarged Board of Appeal …
One of the big difficulties in the everyday evaluation of inventive step revolves around the role that the problem underlying the invention should play in such evaluation. Two examples of more recent…
The FCJ decided in the recently published decision “Wundverband” [Wound Dressing] “Moelnlycke Health Care v. BSN Medical” (docket X ZR 70/12) on 19 February 2013 that if patentee has granted an…
The Federal Court of Justice in Germany held in its recent judgment of January 22, 2013 (court docket: X ZR 70/11) that to claim co-inventorship the contribution of the co-inventor need only be found…
In its “Leflunomid” decision of 24 July 2012 (Case X ZR 126/09), the FCJ declared a patent claim to be invalid which covered a combination of leflunomide and teriflunomide, on the grounds that it had…
The Regional Court Dusseldorf submitted on 21 March 2013 a referral to the CJEU with five questions regarding the interpretation of Art. 102 TFEU relating to the antitrust objection of compulsory…
Article 123(3) EPC stipulates that a European patent may not be amended in such a way as to extend the protection it confers. A special case of extension of the protective scope may occur in claims…
The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
For some years the European Commission has been drafting a new “Regulation Concerning Customs Enforcement of Intellectual Property Rights” replacing present Regulation EC/1383/2003. It now appears…
