IP-NEWS

Federal Court of Justice suspends the deletion of two three-dimensional square packaging trademarks for chocolate bars of the chocolate manufacturer “Ritter Sport”

With the recently published decisions of October 18, 2017 (I ZB 105/16 and I ZB 106/16), the Federal Court of Justice (BGH) annulled the deletion of two three-dimensional square packaging trademarks for chocolate bars from the chocolate manufacturer "Ritter Sport" ordered by the Federal Patent Court (BPatG), thereby strengthening three-dimensional trademarks....mehr

Müller Schupfner & Partner organizes and moderates the ECTA MUNICH ®ETREAT

Workshop "Case Law of the EUIPO Boards of Appeal and German Courts" on March 19, 2018, 4:30 p.m. to 7:00 p.m. at the German Patent and Trademark Office Forum in Munich...mehr

Current Case Law on sufficient disclosure of inventions

Judgment of 24.06.2020, [2020] UKSC 27, Supreme Court United Kingdom. A claimed product is sufficiently disclosed if at least one way of carrying out the invention is clearly indicated by the disclosure of the patent enabling the person skilled in the art to prepare substantially the full range of products covered by the...mehr

Current case law of the European Patent Office on simulation methods and digital patents

Introduction Decision G1/19 of the Enlarged Board of Appeal of the European Patent Office (EPO) was eagerly awaited by the IP world. In the context of this decision, questions had been addressed to the highest level of the EPO because there were potentially conflicting decisions of the Boards of Appeal o...mehr

Law for the Simplification and Modernisation of Patent Law

On 10 June 2021, the Bundestag voted in favour of the Federal Government's bill to simplify and modernise patent law as amended by the Legal Affairs Committee. The most controversial aspect is probably the amendment of § 139 PatG and, analogously, § 24 GebrMG, according to which a claim for cease-and-desist against a p...mehr

Interpretation of Art. 13 (2) of the new Rules of Procedure of the Boards of Appeal of the EPO

First landmark decisions regarding Art. 13 (2) of the Rules of Procedure of the Boards of Appeal (RPBA) of the European Patent Office (EPO) The new Rules of Procedure of the Boards of Appeal (RPBA) of the European Patent Office (EPO) have been in force since January 1, 2020. One of the major changes of these new Rules of...mehr

The nullity of trademarks due to non-use – decision of the Federal Supreme Court of 14.02.2021, I ZR 40/20 –

According to Section 49 (1) MarkenG, a trademark is liable to revocation if the trademark has not been used pursuant to Section 26 MarkenG within an uninterrupted period of five years after the date on which opposition to it is no longer possible. In its latest judgement on the requirements for revocation of trade marks, the BGH abandons its previous case law (BGH, judgeme...mehr

Board of Appeal of the EPO: An alleged non-obvious effect of a feature cannot support inventive step

EPA, Decision of 18.11.2020 – T 0517/16, Generating a Source Code Summary A claimed technical effect may be disregarded in the assessment of inventive step if it cannot be considered plausible for the claimed subject-matter in its full scope and is not made...mehr

ECJ – LEGO wins step by step, registered European design remains protectable

Judgment of the Court of Justice of the European Union (CFI) (Second Chamber) of March 24, 2021. Lego A/S v. European Union Intellectual Property Office. Case T-515/19. The judgment concerns European Design No. 16643...mehr

Oral proceedings as video conference – major differences between EPO and DPMA

Since January 1, 1998, i.e. for 23 years now (reference in EPO Official Journal 12-1997, 572), the European Patent Office (EPO) has established a communication system which allows oral proceedings before the EPO to be held by videoconference. Until the beginning of 2020, such oral proceedings by videoconference were only provided for proceedings before the Examining Divisi...mehr