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Provisional application of the Agreement on a Unified Patent Court begins

The Protocol to the Agreement on a Unified Patent Court concerning provisional application (PVA) will enter into force on January 19, 2022, after Austria has deposited its instrument of ratification on January 18, 2022. The final preparations for the Unified Patent Court can now be initiated. With the start of provisiona...mehr

Calculation of the claim for damages in the case of use of a trademark solely in advertising possible within the scope of the license analogy

Judgment of 22.09.2021 - I ZR 20/21 Guiding principles of the BGH: (1) If a sign is used in advertising alone in a way that infringes trademark rights, this does not exclude from the outset that the claim for damages can be calculated on the basis of a...mehr

An artificial intelligence system cannot be the inventor of a patent

Yesterday, the Legal Board of Appeal of the European Patent Office (EPO) announced its eagerly awaited decision on appeals J8/20 and J9/20. It confirmed the view of the EPO that patent applications should be refused in which an artificial intelligence system was designated as inventor. The Board of Appeal also rejected the auxiliary reques...mehr

G 1/21 – Oral proceedings as videoconference without consent of the parties?

In its referral to the Enlarged Board of Appeal of 12 March 12 2021, the Technical Board of Appeal in case T 1807/15 had raised the question whether the conduct of oral proceedings in the form of a videoconference is compatible with the right to oral proceedings as enshrined in Article 116(1) EPC if not all of the parties to the proceedings have given their consent to the...mehr