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German UPCA Ratification – Now We Have The Salad
In my post “The German UPCA Ratification – at Schweinsgalopp towards Mautdebakel” on this blog, I cautioned the German Ministry of Justice and Consumer Protection against ignoring the apparent...
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Will the EPO still be normal under the „New Normal“?
The European Patent Office has invited its users and stakeholders to take position on the first draft of its „Towards a new normal“ orientation document. My experience with such public consultations in...
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A Few More Thoughts on Normality
A reminder of the good old days, when many things were still normal… I. Nemo Iudex Once upon a time, the “nemo iudex” principle was a fundamental cornerstone of EPO Board Appeal proceedings, even...
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G 1/21 – We have a new Chairman
That went quick. More from our authors: Vissers Annotated European Patent Convention 2021 Edition by Laurence Lai, Derk Visser, Peter de Lange, Kaisa Suominen € 105 TRIPS and Access to Medicines:...
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Changes to the German Patent Act
by Mike Gruber, Attorney-at-Law, Hoffmann Eitle The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in...
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Happy New Year? Entry into force of the new Rules of Procedure of the Boards...
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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No special rules for SEPs: the value in dispute of a patent in German nullity...
The German Federal Court of Justice (FCJ) confirmed that for setting the value in dispute of nullity actions on standard essential patents (SEPs) the well-established general rule applies, i.e. in the...
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In the aftermath of G 1/21: The Future of Video Proceedings in the EPO
The Enlarged Board of Appeal has now issued its long-awaited full decision in case G 1/21. Readers can access it here. The decision deserves a few comments. The Enlarged Board’s advance publication of...
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EPO’s Boards of Appeal to Move Back to Munich
Breaking News: The President of the Boards of Appeal and the President of the Office jointly propose to the Administrative Council to re-locate the Boards of Appeal from Haar to the building...
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UPC – Provisional Application Period enters into force
Breaking News: According to the EU Council’s Website, Austria has deposited its instrument of ratification yesterday, which means that the Period for Provisional Application begins today. Let’s see...
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New Melodies at the EPO as of 1.4.2022?
Executive version: Quite a few scholars have tried to decipher the hymn sheet shown on Elias Haussmann’s famous portrait of Johann Sebastian Bach. This blog tries to decipher the latest changes in the...
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How to save € 676,50 in Desparate Appeal Proceedings?
Even the best European Patent Attorneys may occasionally have to represent a client in an appeal case that turns out to be increasingly hopeless, or they are representing the patentee in examination...
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The Sovereign’s Election
The Holy Roman Empire (Latin: Sacrum Romanum Imperium; German: Heiliges Römisches Reich, later: Heiliges Römisches Reich deutscher Nation) was one of the largest, most successful and longest-lasting...
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German Federal Constitutional Court Dismisses Appeals against the EPO’s...
Damocles, so tells us an ancient legend (reported here) was a favorite of President Dionysios II. of Syrakus in Sicily, who lived during the first half of the 4th century BC. His story was succinctly...
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Does a Clinical Trial render the Pharmaceutical Formulation used therein Public?
The new and noteworthy decision T 670/20 by Technical Board of Appeal 3.3.07 provides more legal certainty for patentees of formulation patents. The proprietors of pharmaceutical formulation and...
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Vale, Cornelia
Cornelia Rudloff-Schäffer is about to leave the German Patent and Trademark Office whose President she has been for 14 years. On 31 January 2023 she will enter into her well-deserved retirement. This...
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