Thorsten Bausch

The provision of a crystal form of a polymorphic substance, which the skilled person inevitably obtains if he uses a process suggested by the state of the art for the production of the substance,…

by Adam Lacy and Thorsten Bausch As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. In…

Looking back at this blog in 2018 from a bird's eye perspective, I cannot resist the feeling that one of the most popular topics has been musing about the UPC's future and speculating about the…

Setting the record straight concerning the right to dependent claims under the EPC by Thomas Wyder and Stephan Steinmüller (Hoffmann Eitle) EPO Examiners sometimes urge Applicants to delete dependent…

The Federal Court of Justice confirmed that the value of the matter in dispute can be amended on appeal, including retroactively for the first instance, if new facts are divulged that command such an…

The Federal Court of Justice held that the purpose of determining the technical problem (objective) in invalidity proceedings is to locate the starting point of skilled efforts to enrich the state of…

A recent study by two eminent scholars from the Max Planck Institute for Innovation and Competition (MPI) on „The Impact of Brexit on Unitary Patent Protection and its Court“, which is available here…

The choice of the starting point for evaluation of inventive step requires a justification which is not in itself provided by the fact that a certain citation proves ex post to be the "closest state…

The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law…