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…
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…
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…
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…
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…
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…
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…
“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.…
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…
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…