The Federal Court of Justice has decided by decision of 13. January 2014 (X ZB 18/12) decided on the clematis variety “Fond Memories”., that the novelty rule of § 6 Abs. 1 SortG in accordance with the…
IPCOM fails before LG Mannheim against APPLE with its partial claim over a billion damages for patent infringement of a European patent EP 1 841 268
IPCOM ./. Apple (2 The 53/12 and 2 The 95/13) On 11. February 2014 was before the District Court of Mannheim before 2. employees…
From “Designs” shall “Design”: New collection applications, new revocation proceedings
Stand: 2014. Design law has since been reformed again – at EU level 2025 and in Germany 2026. You can read the current status in our article on design reform and on the page…
BGH X ZR 130/12 – Kabelschloss: Infringer's profit and visibility of the invention for customers
The Federal Court of Justice has decided by decision of 3. September 2013 (X ZR 130/12 – „Kabelschloss“) a non-admission complaint was rejected and clarified, like the share of the infringer's profits to be released in the event of a patent infringement…
BGH X ZR 27/12 – Vehicle navigation system: Voice output of street names does not constitute an inventive step
The Federal Court of Justice has ruled in its judgment of 23. April 2013 (X ZR 27/12 – “Vehicle navigation system”) the annulment of a European patent for a navigation system was confirmed. The focus is on the question, what characteristics…
What requirements must I meet, to complete the training as a patent attorney can?
I am interested in the profession of patent attorney. What requirements must I meet, to complete the training as a patent attorney can? The German patent- and Trademark Office organizes training and testing…
Nullity dispute uniform even when multiple plaintiffs, applicable within the scope of the same attack – 20 to 30 Million EUR in the specific case
The Federal Court of Justice has decided by decision of 27. August 2013 (X ZR 83/10 – “Value in dispute II”) decided, that the amount in dispute in a patent nullity action is generally not divided if there are several plaintiffs. Guiding principle will…
BGH X ZB 15/12 – Patentstreitsache II: A patent attorney's fee claim is not simply a patent dispute
The Federal Court of Justice has decided by decision of 20. March 2013 (X ZB 15/12 – „Patentstreitsache II“) decided, when the fee claim of a right- or patent attorney as a patent dispute within the meaning of Section 143…
Competition capsules for Nespresso coffee machines 0,29 Cent (instead 0,39 Cent) is no patent infringement, because the capsules are not covered by patent protection
According to the press release of the OLG Dusseldorf shown below the competition capsules for Nespresso machines are for 0,29 Cent (instead 0,39 Cent) no patent infringement, because the capsules are not covered by patent protection and…
Patents are granted for inventions in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. (§ 1 Abs. 1 Patent Law)
§ 1 Patentgsetz (1) Patents are granted for inventions in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. (2) become patents…
Figures or drawings, but patents do not disclose the exact mass of the device (BGH)
The Federal Court of Justice has decided by decision of 16. October 2012 (X ZB 10/11 – “Plug connection”) clarified, what schematic drawings in a patent specification reveal – and what they do not. Principle Schematic representations, as…
Slogan “From records are facts” for including computer software keeps the Federal Patent Court incapable of protection; but appeal is approved
The Federal Patent Court has decided in its decision of 29. October 2012 (30 The (pat) 40/11) the registration of the slogan “Files become facts” as a trademark for software and consulting services in the area of contract management…
Be careful with invoices based on patents, Brands- and design registrations
There is hardly a patent, Brands- or design application published, Many registrants receive mail from companies, who act like authorities: They charge fees for entry into private “registers”, for publications or…
BGH X ZR 33/10 – MPEG-2 video signal encoding: Product protection for encoded video data
The Federal Court of Justice has ruled in its judgment of 21. August 2012 (X ZR 33/10 – “MPEG-2 video signal encoding”) decided, that a sequence of coded video data generated using a patented process is considered a direct product of the process in accordance with §…
For the contestability of a patent license agreement upon withdrawal of the patent application
The Karlsruhe Higher Regional Court (6. civil senate) has with judgment of 11. July 2012 (AZ. 6 U 114/11) decided, that a licensee can challenge a patent license agreement on grounds of fraudulent misrepresentation, if kept secret from him…
BGH X ZR 75/08 – Tire sealant: Novelty and unauthorized extension
The Federal Court of Justice (X. civil senate) has with judgment of 12. July 2011 (AZ. X ZR 75/08 – Tire sealant) the declaration of invalidity of the European patent 0 753 420 bestätigt. The focus is on the…
Invention must be new, inventive, be technically and commercially applicable, in order to be registered as a patent may:
Or, inventive, technically and commercially applicable; Patent protection will be achieved. § 1 Patgan (1) Patents are granted for inventions in all fields of technology, provided that they are new, on an inventive…
Software-Patente: BGH X ZR 121/09 from 24. February 2011 - Website display
The Federal Court of Justice (X. civil senate) has with judgment of 24. February 2011 (AZ. X ZR 121/09 - Website display) the invalidation of a German patent on a method for retrieving visited websites was confirmed.…
Licensee has independent right of action: Urteil BGH X ZR 86/10 from 5. April 2011 – RCA plug
The Federal Court of Justice (X. civil senate) has with judgment of 5. April 2011 (AZ. X ZR 86/10 – RCA plug) decided, that a patent holder has his own claims against you despite the granting of an exclusive license…
Examination of computer-implemented inventions in the European Patent Office under special consideration of computer-implemented business methods
Software and business methods are subject to the European Patent Convention (EPÜ) “as such” excluded from patent protection. However, computer-implemented inventions can definitely be patented. The following overview summarizes the examination practice of the European Patent Office…