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…
Remodeling complex device patentable: BGH X ZR 173/07 from 7. September 2010 – Roll stand II
The Federal Court of Justice (X. civil senate) has with judgment of 7. September 2010 (AZ. X ZR 173/07 – Walzgerüst II) the dismissal of an action for invalidity against the European patent 597 265 confirmed and…
BPatG not 6 The (pat) 312/07 DE is 198 46 442 protectable
The Federal Patent Court (6. Senate, Technical board of appeal) has by resolution of 28. October 2010 (AZ. 6 The (pat) 312/07) das Patent DE 198 46 442 after withdrawing the only objection in…
OGH 17Ob35/09k vom 09.02.2010 – Isoflavone (EP 0 656 786 B1)
The Austrian Supreme Court (OGH) has by resolution of 9. February 2010 (business number 17 Ob 35/09k – Isoflavon) on the scope of protection of a specific use claim from the European patent EP 0 656…
The protection conferred by a patent shall under § in 12 Extension Law provided not be extended examination procedure.
The Federal Court of Justice (Xa Civil Senate) has with judgment of 9. September 2010 (AZ. Xa ZR 14/10 – Wind energy converter) the annulment of an extended GDR economic patent was confirmed, whose scope of protection was expanded in the subsequent examination procedure.…
Federal Patent Court the decision of the German Patent- and Trademark Office concerning lifted the ordered cancellation of the trademark "Post"
The Federal Patent Court the decision of the German Patent- and Trademark Office regarding the ordered cancellation of the “Post” trademark. The “Post” trademark was on 3. November 2003 for various services in…
BPatG: No legal aid for lack of prospect of patent
The Federal Patent Court (15. Senate, Technical board of appeal) has by resolution of 14. October 2010 (AZ. 15 The (pat) 17/09) decided, that no legal aid is granted for a patent application, if the invention…
BPatG: Patent “A method for laser welding sheets coated”
The Federal Patent Court (11. Senate, Technical board of appeal) has by resolution of 21. October 2010 (AZ. 11 The (pat) 47/05) the rejection of a patent application by the German Patent- and trademark office repealed and…
DECISION BGH X ZB 9/09 from 31. August 2010 Image support for catheter navigation
In a claim contained purpose-, Effect- or indications of function do not necessarily have to relate to the subject matter of the claim or to its individual features. You can also describe the subject of the invention verbally…
BGH template: Can the holder to be replaced calculate the damage fixed on the basis of the fee for issuing a license for the production of propagating material?
Supreme Court DECISION Xa ZR 123/09 from 30. September 2010 - Solara The Court of Justice of the European Union pursuant to Art. 267 Abs. 1 BUCHST. B, Abs. 3 TFEU the following questions…
Allocation of the Federal Patent Court 2010
BUSINESS DISTRIBUTION of the Federal Patent Court for the financial year 2010 (1. January to 31. December…