The complexities of European patent architecture raise a number of issues relating to the interface between opposition proceedings before the European Patent Office ("EPO") and infringement…
By decision of 21 February 2013, the Court of Turin clarified the test for prima facie case in search proceedings and the test for urgency in search proceedings and preliminary proceedings in general…
Article 123(3) EPC stipulates that a European patent may not be amended in such a way as to extend the protection it confers. A special case of extension of the protective scope may occur in claims…
The first-inventor-to-file provisions of the America Invents Act (AIA) took effect on March 16, 2013. While the effective date provisions for the first-inventor-to-file provisions are complicated,…
Introduction
The Court of Justice of the European Union last year delivered a decision on the impact of the GAT/LuK decision on jurisdiction in preliminary infringement proceedings (Solvay/Honeywell…
by Henrik Timmann
There is a saying in Germany: Two lawyers add up to three different opinions. Well, for a long time the Federal Patent Court seemed to have been inspired by this saying when…
The French saisie-contrefaçon is known to be an extremely powerful and effective tool to collect evidence of infringement of a patent (as of any other intellectual property right, see "Saisie-…
The Supreme Court held that claiming priority of an earlier application requires a direct and unambiguous disclosure in the priority document of all features of the technical teaching as defined in…
In an appeal against a decision by the Opposition Division to maintain the patent in amended form, the Board ordered the representative of the opponent to file an authorization. The representative…
As the readers are well aware, quite often patented products are not necessarily marketed (or only marketed) by the patent owner. It is usual for patent owners to market their products through their…
