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Thorsten Bausch, Marie Thomson (Hoffmann Eitle)
Patent case: Biologische Abwasserklärung, Germany
December 25, 2019

The appeal on a point of law, for which no leave was granted by the Federal Patent Court, was held admissible, because the grounds of appeal under §100 III 3 and 6 PatG were invoked. However, it was…

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Binxin Li, Richard Li (Baker & McKenzie FenXun (FTZ))
China Patent: SPC IP Tribunal holds first joint hearing on patent validity and infringement disputes
December 24, 2019

On 5 December 2019, the IP Tribunal of the Supreme People’s Court (SPC) handed down two decisions in which – in a first for China, the SPC heard and decided on both the patent validity and…

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Gemma Wooden, Matthew Blaseby, Derk Visser (EIP)
Hope or no hope in inventive step, that is the question
December 24, 2019

One of the key questions in the assessment of inventive step within the EPO is whether or not the skilled person will adapt or modify the teaching of the closest prior art and arrive at the invention…

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James Prankerd Smith (GJE Intellectual Property)
T 697/17 - Hope for improved algorithms
December 23, 2019

This decision is certainly worth reading if you deal with inventive step objections of the form “abstract algorithm implemented on a generic computer” or the like. The Board of Appeal provides a…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Medical Workshop B.V. vs. Sharpsight B.V., Netherlands
December 20, 2019

In the present preliminary case the consequence of the termination of the agreement between Medical Workshop and Sharpsight was that Medical Workshop was no longer able to use the name Invitria for…

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Kluwer Patent blogger
Chairman UPC Preparatory Committee reflects on progress and future of Unitary Patent project
December 18, 2019

After a year of stagnation concerning the Unitary Patent project, chairman Alexander Ramsay of the UPC Preparatory Committee has published a year end message on the committee’s website.  The…

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Jan-Diederik Lindemans (Crowell & Moring)
Brussels Bar Association issues rules on legal privilege during <i>saisie contrefaçon</i>
December 18, 2019

The Brussels Bar Association (Dutch speaking section, hereafter BBA) recently issues the third guideline since it was created in 1994. In this Guideline the BBA instructs its members how they should…

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Thorsten Bausch, Adam Lacy (Hoffmann Eitle)
Happy New Year? Entry into force of the new Rules of Procedure of the Boards of Appeal
December 16, 2019

As the clock strikes midnight on 31 December 2019, we hope that the new Rules of Procedure of the Boards of Appeal (RPBA) will not be the first thing on our minds. Nevertheless, the beginning of this…

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Miquel Montañá (Clifford Chance)
Father Christmas: beware of risks of patent infringement
December 13, 2019

In view of the upcoming Christmas season, in light of a judgment of 15 October 2019 from the Court of Appeal of Valencia published recently, a call for caution for Father Christmas is in order. The…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment of Zaragoza Court of Appeals No. 450/2019, Spain
December 09, 2019

Following the 2017 revamp of the Spanish patent system, only certain courts in Barcelona, Madrid and some other industrial hubs now have jurisdiction in patent matters. However, decisions from other…

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