In this case, the Federal Court of Justice considered the value of a secondary indicium for a decision on inventive step. The FCJ confirmed that if an invention differs from the decades-old general…
Our indefatigable Kluwer News Blogger has obviously not failed to realize that another draft of the Rules of Procedure has just appeared on the UPC website. To confuse everybody, this draft is still…
The duration of proceedings before the Boards of Appeal (BoA) currently is the EPO’s biggest problem in regard to speed. According to the latest Annual Report by the Boards of Appeal, the average…
Early certainty in opposition proceedings is clearly a desirable objective, and the President’s commitment to lowering the average duration of (normal) opposition proceedings to 15 months on the…
The current President of the EPO claims in his blog that there is a general demand from the users of the EPO – i.e. primarily the applicants – to have a timely delivery of the work product of the EPO…
How long should proceedings before the EPO ideally take? Admittedly, this is a tricky question because various stakeholders will usually have different interests and thoughts as to what the “right”…
The Federal Court of Justice held that the defence of the patent in suit on the basis of claims filed only at the appeal stage as an auxiliary request can nevertheless be considered to be expedient…
Christmas is the time of good wishes. Here is my personal wishlist.
1. Peace!
2. That we all consent that there is human dignity and that it is inviolable and independent of race, colour, origin,…
The appeal court is not prevented from denying the credibility of a witness affirmed in the first instance court if there are concrete indications that raise doubts about the correctness and…