As a rule, an applicant has a right to inspection of respondent’s premises in order to prepare a claim for damages due to illegal exploitation of secret know-how. The applicant must designate…
Owing to the amendments to the German Patent Act (GPA) passed with the so-called Patent-Act Amendment Act of October 19, 2013 (Federal Gazette 2013, 3830), a number of user-friendly changes have been…
(1) If a plaintiff can prove there was an “offering” of means for the patented purposes, it can be assumed that the means were also delivered for those purposes, and that therefore the plaintiff has…
The Hanover Trade Fair is the world’s leading trade fair for industrial technology and will take place between 7 and 11 April 2014. The CeBIT is the world's largest computer expo and will be held…
Under the legal principle of forfeiture of claims a patentee can deprive himself of claims for patent infringement if he asserts them in legal proceedings at such a late stage (time factor) that the…
By Bernward Zollner
Every now and then it is suggested that a picture or pictures be incorporated in a mo-tion of a complaint against the defendant requesting defendant to cease and desist from a…
Different views from the EPO and Germany on the same case
1. Introduction
Functional features in patent claims may provide protection not only for specific embodiments disclosed in the patent…
by Stefan Lieck
Based on the act for simplification and modernization of Patent Law ("Patentrechts-modernisierungsgesetz") patent nullity proceedings in Germany have been reformed fundamentally in…
In a decision handed down on October 23, 2013, the Polish Supreme Court confirmed that the Bolar exemption does not cover activities by third-party manufacturers, i.e. supplying active ingredients…
by Stephan von Petersdorff-Campen
Under section 7 (1) of the Law on Employee Inventions (ArbErfG), all the rights in an invention made by an employee in the context of his employment relationship…
