A protective letter can be used to file arguments with a court regarding the non-infringement or invalidity of a patent in order to immediately oppose a subsequent application for a preliminary injunction based on this and to defend against...
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At the turn of the year 2023/24, Chinese trademark law is to undergo significant changes. A potentially very facilitating change in the administrative procedure and interpretations in the intention to use are already being implemented.   I. Administrative Procedure 1....
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UPC current status
Latest News December 2023: The launch of the Unified Patent Court (UPC) and the Unitary Patent has been postponed by two months. The reason for this is that the preparations for the case management system have not yet been completed....
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Unified Patent Court; Einheitliches Patentgericht
Function and architecture of the Unified Patent Court (UPC) In our series on the new Unitary Patent and the new Unified Patent Court (UPC), we have already written about the historical background (here), the EU legal basis (here) and the...
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Seminar bei PAUSTIAN & PARTNER
We are happy to see you at our offices (or via ViCo) at Oberanger 32, Munich for the next BVMW seminar “IP-Welt im Wandel“. The following presentations are scheduled: – Software-Erfindungen am Beispiel von Künstlicher Intelligenz (KI) – Europa hält zusammen...
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Financial Times IP Award
The Financial Times has ranked PAUSTIAN & PARTNER among the 167 best IP law firms in Europe. We are delighted with this result! We would like to thank our clients. They have led us to this honor through their trust...
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Mitinhaber Patente
Anyone who has ever attended a homeowners’ meeting is familiar with the problems that can arise for joint owners of a single real estate. This is also true for owners of patents. However, there are important differences between rival rights,...
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Unified Patent Court
On January 19, 2022, the “Protocol to the Agreement on a Unified Patent Court on provisional application” entered into force. This starts the countdown to the Unified Patent (“UP”) and the Unified Patent Court (“UPC”). An overview of the next...
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LG München
The statutory restriction of the “automatic” right to injunctive relief was described by the legislator as a concretization of current case law. However, the innovation opens up possibilities that could not have been justified by case law. A restriction of...
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Patentprotection for German starts

Patents for Startups

Patents – Opportunities and Professionalism for Technology Startups Patents make it possible to exclude third parties from the market for an invention or to demand royalties for it. They also signal innovative strength and professional management. However, they are not...
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For the podcast “Mittelstand im Wandel” (= Medium-sized companies in transition) our patent attorneys Ludwig Lindermayer and Martin Kuschel were invited. The topic was intellectual property protection in China. Above all, fundamental strategies were discussed that are suitable for German companies...
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Vorträge für KMU
Mr. Lindermayer and Mr. Kuschel were delighted to be able to attend an event again after a break due to the pandemic. The Federal Association for SME (Bundesverband der mittelständischen Wirtschaft Unternehmerverband Deutschlands e.V., short BVMW) had invited to discuss current topics...
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5 rules for drafting claims
The “Nearly Ideal Patent” – A teacher’s tool To teach me the formulation of patent claims, my supervisor told me a long time ago about the “nearly ideal patent”. The “nearly ideal patent” is based on claims with detail-rich language...
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Vereinheitlichter Patentschutz
The need for a common European patent protection In contrast to many areas of law with cross-border implications, patent law in the European Union mostly has remained stuck in the territoriality principle. Each EU member state is responsible for granting...
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EU patent
The legal basis for granting and enforcing the unitary patent consists of two European regulations and a multinational agreement, which, however, is open only to EU member states. This is intended to enable unitary patent protection that extends to the...
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Employees' inventions
The transfer of rights on technical contributions by employees in Germany to their employer are governed by the German Employees’ Inventions Act (often abbreviated to “ArbEG” ). Under this legal framework, employers have a wide margin of manoeuvre to avoid...
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