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Kluwer Patent blogger
EPO unrest – again - and Unitary Patent dominate list of most popular posts in 2017
January 08, 2018

Artists, writers, singers would undoubtedly be thrilled to see a list of most popular works being dominated for years by their books or songs or other creations. In the case of this blog, however,…

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Simon Holzer  (MLL Legal Ltd.)
Things to remember about Swiss patent litigation in 2017
January 07, 2018

I hope that all the readers of the Kluwer Patent Blog enjoyed a good start into a joyful, healthy and successful 2018. At the beginning of the new year it seems to be the right point in time to look…

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Kluwer Patent blogger
IP sector UK presses for action government in key areas, including Unitary Patent, in light of Brexit
January 06, 2018

IP organisations in the UK have requested the UK government for action in five key areas in light of the upcoming Brexit. In a note published late December, they make recommendations on ‘the biggest…

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Thorsten Bausch  (Hoffmann Eitle)
My New Year’s Wishes for the EPO (in Russian)
December 31, 2017

In 2017 Russia has been in the news quite a lot, even though mostly not for good, due to its despicable efforts to influence the elections in the US and the Brexit referendum via social media. We…

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Kluwer Patent blogger
Preparatory Committee hopes Unified Patent Court to open its doors in 2018
December 22, 2017

It is difficult to predict a new timeline for the start of the Unified Patent Court, due to the case pending in the German Federal Constitutional Court. In the meantime, the UPC Preparatory Committee…

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Thorsten Bausch  (Hoffmann Eitle)
Patent case: Phosphatidylcholin, Germany
December 15, 2017

The Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
Patent case: Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., USA
December 14, 2017

Patent-owner Inventor Holdings, LLC, was properly ordered by the federal district court in Wilmington, Delaware, to pay attorney fees and costs incurred by retailer Bed Bath & Beyond in…

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Kluwer Patent blogger
Prof. Tilmann: FCC could have several reasons to reject as inadmissible complaint against UPCA
December 12, 2017

It is questionable whether the German constitutional complaint against ratification of the Unified Patent Court Agreement addresses fundamental breaches of the German Constitution. And even if the…

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Miquel Montañá  (Clifford Chance)
Can the same thing be a discovery in Spain and an invention in England?
December 12, 2017

One of the drawbacks of a fragmented patent litigation system in Europe is the existence of contradictory judgments on exactly the same question from Courts of different European countries. The most…

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Thorsten Bausch  (Hoffmann Eitle)
Quo usque tandem, Battistelle
December 11, 2017

The European Patent Office has been established by an international agreement, the European Patent Convention. All functioning patent systems that I am aware of are based on a structural principle…

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