Posted: August 16th, 2021
Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Following the decision of the Federal Constitutional Court of June 23, 2021, rejecting the applications for a preliminary injunction against the Act of Approval of the UPC Agreement (UPCA), the German Federal President signed the Law on August 7, 2021 and the Law was published in the Federal […]
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Posted: July 27th, 2021
European Patent Office, Enlarged Board of Appeal, R 5/19 – Violation of the right to be heard, decision of March 15, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Filing a petition of review under Article 112a EPC is not a very promising exercise, considering that less than 7% of the petitions are successful with […]
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Posted: July 16th, 2021
European Patent Office, Enlarged Board of Appeal, Order in case G 1/21 published on July 16, 2021 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In a Press Communiqué of July 16, 2021 the Enlarged Board of Appeal published the order in case G 1/21, i.e. the answer to the question referred in T 1807/15. It […]
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Posted: June 23rd, 2021
European Patent Office, Enlarged Board of Appeal, G 4/19 – Double patenting, decision of June 22, 2021 Reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg In its decision G 4/19, the Enlarged Board of Appeal (EBA) answers the questions referred in T 318/14, OJ EPO 2020, A104 as follows: 1. A European patent application can be […]
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Posted: May 20th, 2021
European Patent Office, Enlarged Board of Appeal, G 1/21 – Interlocutory Decision of May 17, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referral case G 1/21 in which the Enlarged Board of Appeal (EBA) has to decide on the question whether oral proceedings can be held as VICO without the consent of all […]
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Posted: March 17th, 2021
Technical Board of Appeal 3.5.02, decision of March 12, 2021, case T 1807/15 – Oral proceedings in form of a videoconference, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg The referred question reads as follows: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined […]
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Posted: March 10th, 2021
European Patent Office, Enlarged Board of Appeal, G 1/19 – Pedestrian simulation, decision of March 10, 2021, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Almost eight months after the oral proceedings, the Enlarged Board of Appeal (EBA) issued its decision in the case pedestrian simulation. The EBA rephrases and limits question 2 and answers the […]
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Posted: November 6th, 2020
European Patent Office, Technical Board of Appeal 3.3.08, case T 844/18 – CRISPR-Cas/BROAD INSTITUTE In the beginning of this year, the decision of Technical Board of Appeal 3.3.08 of January 16, 2020 was reported, confirming the consistent practice of the EPO applying the „all applicants“ approach, meaning that the applicant of a European patent claiming […]
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Posted: May 14th, 2020
European Patent Office, Enlarged Board of Appeal, G 3/19, opinion of May 14, 2020, reported by Dr. Rudolf Teschemacher, Bardehle Pagenberg Overruling its previous decisions Tomatoes II (G 2/12) and Broccoli II (G 2/13) issued in 2015, the Enlarged Board of Appeal (EBA) holds that plants and animals exclusively obtained by essentially biological processes are […]
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Posted: March 20th, 2020
On an international level, the TRIPS Agreement sets out various enforcement procedures that right holders can rely on to protect their IP rights. In the EU, the Enforcement Directive sets out measures as well as remedies the courts may order in IP cases. However, the manner in which enforcement is carried out differs from country […]
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