The European Commission would welcome a swift ratification of the Unified Patent Court Agreement by Germany. Commissioner Thierry Breton for the Internal Market has written this in answer to…
The German government has been acting fast since the Federal Constitutional Court declared void the German ratification of the Unified Patent Court Agreement in March. It submitted a new draft bill…
by Dr. Simon Klopschinski
On February 13, 2020 the German Federal Constitutional Court decided that the German law ratifying the Agreement on a Unified Patent Court is void (see here). In the…
The Federal Court of Justice made the following findings in relation to the material and personal scope of the right to prior use:
1. Where a pre-used embodiment does not implement all features of…
Contrary to all expectations, the German government wants the Unitary Patent project to go ahead as soon as possible, despite the recent ruling of the Federal Constitutional Court, declaring void the…
by Dr. Simon Klopschinski
In the wake of the evolving Corona pandemic the German government intends enacting amendments to the German Act on the Prevention and Control of Infectious Diseases in…
By now, the decision by the Federal Constitutional Court (FCC) voiding the German law approving the ratification of the UPC Agreement has gone viral in the patent world, though fortunately not…
By Hetti Hilge/Dr. Simon Klopschinski
Today the German Federal Constitutional Court (FCC) has declared the German law ratifying the Agreement on a Unified Patent Court (UPC Agreement) to be…
Prior art that requires fundamental reconfiguration of the disclosed solution to end up with something falling under the scope of protection of a claim cannot normally render the claimed subject…
The patentee is not limited on appeal to defending the patent in the (limited) version pursued in the first instance, but may revert to the version as granted and to other limited versions. A…
