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DE, UK, EPO: A Few Thoughts on Constitutional Matters
Thorsten BauschTimes where a lot is written about matters of constitutional law are not necessarily good times. When the wheels of a state or state-like organization engage smoothly with each other and...
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Patent case: Cer-Zirkonium Mischoxid I, Germany
Thorsten BauschA range of values limited only in one direction can be sufficiently disclosed if the invention is not limited to a certain range, but includes a generalizable teaching which goes beyond...
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Three Myths Debunked
Thorsten BauschTraveling back from an interesting and lively VPP meeting on a train at dawn through beautiful, lonesome parts of Germany, full of large forests hosting mythical creatures that made it...
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UPC – Alle Jahre wieder
Thorsten Bausch“Alle Jahre wieder” (Every year) is the title of one of the most popular German Christmas songs. And alle Jahre wieder / every year there is advent time, which seems to be the perfect...
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Happy New Year? Entry into force of the new Rules of Procedure of the Boards...
Thorsten Bausch and Adam LacyAs 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....
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Patent case: Biologische Abwasserklärung, Germany
Thorsten Bausch and Marie ThomsonThe 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...
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There may no longer be Hope in Inventive Step, but Recognizing a Problem may...
Thorsten Bausch, Charlotte Richards-Taylor and Arianna BartoliniAs was rightly noted on this blog, the skilled person’s “hope” of solving the objective technical problem using the means that led to the...
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Patent case: Intrakardiale Pumpvorrichtung, Germany
Thorsten BauschThe patentee is not limited on appeal to defending the patent in the (limited) version pursued in the first instance, but may revert to the version as granted and to other limited...
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T 1621/16: A handy decision, not only for dishwashing
by Sabine Möhle, Klemens Stratmann and Thorsten Bausch Decision T 1621/16 of Technical Board of Appeal 3.3.06 deals with a patent concerning a liquid hand dishwashing detergent composition. In a...
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News from and about Eponia
While real news about one of the most popular topics of this blog, i.e. the UPC, is rare and no one following our blogs regularly (see e.g. 2016, 2017, 2018 and 2019) should be greatly surprised about...
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Federal Constitutional Court voids the German UPCA Ratification Law
Karlsruhe, 20.3.2020 The Federal Constitutional Court (FCC) issued its long-awaited decision in the case 2 BvR 739/17 on the constitutional appeal of Dr. Stjerna about the compatibility of the German...
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What is behind the FCC Judgment?
By now, the decision by the Federal Constitutional Court (FCC) voiding the German law approving the ratification of the UPC Agreement has gone viral in the patent world, though fortunately not...
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The Problem of the “Closest Prior Art”
As readers of this blog will be aware, the EPO applies a quite peculiar and unique method to the analysis of inventive step, the “problem-solution approach”. This approach breaks the statutory question...
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The German UPCA Ratification – at Schweinsgalopp towards Mautdebakel
As is well known, not least since Mark Twain’s famous and unforgettable analysis, the Awful German Language is full of funny compound words (actually, according to Mark Twain, “they are not words, they...
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The EPO and User Friendliness
Searching the EPO’s website for the terms “user-friendly” and/or “user friendliness” will result in your screen being flooded by hits describing the remarkable achievements and ongoing efforts by the...
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A few thoughts on trust and judicial independence
In these days and times, we are constantly reminded how important and how endangered seemingly simple concepts are such as truth, facts, science and trust. Hannah Arendt, the famous Jewish German-born...
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The EPO’s Ride from Patentamt to Oktroybureau
Let’s start with a bit of etymology today. The official translation of “European Patent Office” into German is “Europäisches Patentamt”, the latter obviously being a composite of Patent and Amt.The...
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Oral Proceedings by Videoconference – some light reading at the end of a hot...
So the consultation of the public by the Boards of Appeal has ended today. It will be interesting to see the results and the impact, if any, they will have on the final wording of Art. 15a EPC. In the...
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COVID-19, Digitalisation and the GPTO – Three Worlds Collide
While it is my impression that the IP profession, on the whole, has not had to suffer much under the current COVID-19 pandemic, the same is unfortunately not true for our patent attorney trainees. It...
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The UPC and Democracy
Today (20 January 2021) seems to be a perfect day to celebrate democracy and the rule of law. I will therefore not keep you up for too long, but just wanted to make a short personal comment and a call...
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