Technical inventions must be patented?
Naturally! The constant further development of science and technology continuously changes the frontiers of patent protection. A technical invention is not defined in the Patent Act, since the core meaning of a technical invention changes over the years.
But it is listed, was not to be regarded as a technical invention and thus not is patentable. According to DPMA:
- discoveries (Discovery of something that already exists, z.B. magnetism, X-rays)
- scientific theories
- mathematische Methoden
- aesthetic creations (here would come Design protection in question)
- Plans, Rules and methods for performing mental acts, for games or for business activities
- programs for data processing systems and the reproduction of information
The Ford case: AZ. 7 The 9572/21
Didn't Ford know?, that their complicated technology should ideally be patented?
The Munich district court had a production against Ford Germany- and sales ban sold, because the carmaker had not paid for LTE licenses. News: Ford pays for the patent after all, saving a thousand cars from being scrapped.
Could the stress be avoided in time?? Our answer is YES!
Legal advice can only help. No matter how big your company is. Everyone could use a little help. We are patent experts. The ground-, Design- and patent attorneys. Make an appointment with us.
The carmaker had to be convicted in court for an IT patent license infringement. In this case, the Japanese patent administrator IP Bridge had sued, that Ford does not license the patent bearing the name “Control channel signaling to trigger the independent transmission of a channel quality indicator” (EP 2294737B1) have paid, but use the technology in his vehicles.
In the judgment Az. 7 The 9572/21 from 19.05.2022 was sorted, that the affected new cars, equipped with Ford Pass Connect and all vehicles, the technology since 7. December 2012 to use, must be recalled by Ford.
For Ford, this verdict meant a tragedy with serious consequences.
But Ford is now trying to avoid this scrapping, by paying for the license for the LTE patents, on which all connected car functions of the cars are based.
Is that the solution?? Look for patent law advice? We are the right contact.
Leave a Reply