A patent applicant is not obliged to prove the industrial applicability of an invention. It is the Patent Office which must prove the lack thereof.
A full summary of this case has been published on…
Arbitration courts established to resolve conflicts between patents and generic or reference medicaments do not have jurisdiction to decide on the validity of the patent, even when it is argued as a…
A panel of the Enlarged Board of Appeal (EBA) of the EPO rejected a request to replace the EBA chairman for suspected partiality. The reasons for allowing such a request in decision R19/12 had since…
At a tradeshow in Düsseldorf the Defendant co-organized a so called "Turkish Pavilion" featuring several companies of the Turkish region "Samsun". The Court held that this role of the Defendant was…
The English High Court (Arnold J.) has granted an application for a stay of the UK High Court proceedings to revoke the UK designation of an EP patent pending the outcome of opposition proceedings at…
During examination poor quality drawings had been replaced by drawings that made more details visible. The opponent argued that replacement of these drawings by the original drawings, to overcome…
The FCJ held that the Defendant in a nullity action is only required to prepare an auxiliary request following the preliminary opinion of the Federal Patent Court which takes those aspects into…
A panel of the Enlarged Board of Appeal (EBA) of the EPO rejected a request to replace the EBA chairman for suspected partiality. The reasons for allowing such a request in decision R19/12 had since…
Goods placed in transit proceedings do not infringe a patent in the transit country. It is not relevant whether the goods were placed in so-called “T1” external transit proceedings or in “T2” transit…
