Legal Commentary

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German Constitutional Court

Recruitment for UPC judges raises new speculation

The Preparatory Committee of the Unified Patent Court has re-opened its judicial recruitment programme. The news has ignited rumours in the patent com ...

5 June 2019 by Mathieu Klos
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Automatic injunctions

Government considers amendment to automatic injunction law

The German government is considering an amendment to the automatic injunction in patent law, following a meeting between the Federal Ministry of Justi ...

29 May 2019 by Mathieu Klos
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Employee invention law

Hörmann and Novoferm conclude garage door patent dispute

The battle between two leading German garage door manufacturers, Hörmann and Novoferm, is epic. Now, after 18 years, the Federal Court of Justice has ...

24 May 2019 by Mathieu Klos
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Opinion

A need for speed: Germany's Federal Patent Court

Germany has a problem with automatic injunction claims. Today in Berlin, the federal government is talking to experts about changing the law. However, ...

20 May 2019 by Mathieu Klos
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SPCs

European Commission passes SPC waiver

In May 2018, the European Commission published a proposal to introduce an SPC manufacturing waiver for export purposes. This has now been passed. It w ...

24 April 2019 by Amy Sandys
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Plant patents

EPO president stays plant patent proceedings

On Tuesday, the EPO issued a noticed staying all further proceedings concerning the patentability of plants and animals. This follows a referral to th ...

11 April 2019 by Amy Sandys
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Pharmacy exemption

Netherlands passes pharmacy exemption for patented medicine

On 1 February, a provision of the Dutch Patent Act 1995 came into force. It allows pharmacists to prepare patented medicines, on a small scale, for pa ...

2 April 2019 by Amy Sandys
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Plant patents

Patenting plants: EPO examiners explore solution

Lack of consensus on if patents can be granted on plants and animals is causing a stalemate between the European Patent Organisation member states, an ...

29 March 2019 by Christina Schulze
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French patent system

The end of quick and dirty? French patent system under scrutiny

The French patent system is being reformed. Following the German model, patents will be examined for inventive step and an opposition procedure will b ...

15 March 2019 by Christina Schulze
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EPO Boards of Appeal

Battistelli's difficult legacy

Haar is an independent municipality on the outskirts of Munich, and current home to the Boards of Appeal of the European Patent Office. But since last ...

7 March 2019 by Mathieu Klos
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Opinion

Signs of life: UPC constitutional complaint

The Federal Constitutional Court has published its list of decisions for 2019. Once again, it contains the constitutional complaint against the UPC la ...

26 February 2019 by Mathieu Klos
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Trade secret protection

Psst, top secret!

The new Trade Secrets Directive already applies almost everywhere in the EU. But it is Germany of all countries which is struggling to incorporate the ...

21 February 2019 by Mathieu Klos
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Partnerships

EPO and LESI partnership will enhance patent knowledge

A memorandum of understanding has been signed between the European Patent Office (EPO) and the Licensing Executives Society International (LESI) at th ...

14 February 2019 by Amy Sandys
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Supplementary protection certificates

SPC waiver subject to debate

It was planned for the SPC manufacturing waiver to be introduced in the EU before 2019. However, the final report by the Committee for Legal Affairs ( ...

11 February 2019 by Amy Sandys
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Brexit

The end is nigh: 50 days until Brexit

It is 50 days until Brexit and the European patent community is on tenterhooks. No-one has an idea of what will emerge from ongoing talks between the ...

8 February 2019 by Amy Sandys
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