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Kluwer Patent blogger
ILO: EPO president Battistelli abused his power in restraining workers’ right to strike
July 13, 2021

Eight years (!) after complaints of dozens of EPO staff members against the way they were treated after having participated in strikes, a final decision in their cases is finally there: former EPO…

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Neemesh Chheda (Emory University School of Law)
Russia Compulsory License
July 12, 2021

Legal Basis The legal basis for compulsory licensing in Russia flows from Articles 1360 and 1362 of the Civil Code of the Russian Federation (Civil Code). Article 1360 of the Civil Code allows the…

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Kluwer Patent blogger
Unified Patent Court a lot closer after decision German FCC
July 10, 2021

After a delay of almost four years, the route to German ratification of the Unified Patent Court Agreement has been reopened by the decision of the Federal Constitutional Court of 23 June 2021, which…

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Kluwer Patent blogger
German FCC: No preliminary injunction against ratification of Agreement on a Unified Patent Court
July 09, 2021

Two applications for preliminary injunctions against German ratification of the Unified Patent Court Agreement have been rejected. The German Federal Constitutional Court has announced this in a…

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Nadine Bleach (Bristows)
Optis v Apple: Meade J considers estoppel due to late IPR declarations for SEPs
July 08, 2021

On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the Optis v Apple UK action ([2021] EWHC 1739 (Pat); a link the judgment is here).  This…

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John Collins, Kent Teague, Natalie Coulton (Clayton Utz)
Patent term extensions in Australia: when first isn't really first
July 08, 2021

In a surprising decision, the Federal Court has modified the law of patent term extensions in Australia, by clarifying that it's only the patentee's goods that are relevant to the proposed extension…

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Ananta Saxena (Antonin Scalia Law School, George Mason University)
Compulsory Licensing Australia
July 05, 2021

Legal Analysis  In Australia, the law with respect to compulsory licenses is framed to prevent useful inventions from remaining unworked in Australia. A person who wishes to exploit a patented…

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Kluwer Patent blogger
European Patent Office publishes Annual Review 2020
July 03, 2021

“The Annual Review 2020 shows that demand for European patents remained nearly on a par with last year. The Office received a total of 180 250 European patent applications, 0.7% fewer than in 2019.…

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Lars de Haas (V.O.)
Patent case: T 1148/15, EPO
July 01, 2021

A board of appeal of the EPO held that for the problem-solution approach to inventive step the requirement of the same “purpose or effect" in the criteria for selecting the closest prior art for a…

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Michaela Ring (Hoffmann Eitle)
Patent and design protection not mutually exclusive – “Paper Dispenser” decision of the German Federal Court of Justice
June 29, 2021

The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the…

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