The Unified Patent Court (UPC) offers two options for challenging the validity of a patent: on the one hand, a Statement for Revocation of the patent (revocation action, Art. 32 (1) (d) Agreement on a Unified Patent Court – UPCA),...
Provisional measures can be ordered by the Unified Patent Court (UPC) to prevent an imminent infringement of the patent or to prohibit the continuation of an alleged infringement. If necessary, the court can prohibit the continuation of the infringement under...
In its recent decision T 1669/21, the EPO has provided clear guidance on the sufficiency of disclosure (Art. 83 EPC) for inventions in the field of applied AI. The emphasis is on specifying input and output parameters and their relationships...
General information A chamber of the Unified Patent Court (UPC) is composed of both legally and technically qualified judges. The judges should have a high level of expertise and experience in patent litigation (Art. 15, para. 1 Agreement on a...
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...
With the ratification of the Agreement on a Unified Patent Court (UPCA) and the subsequent start of work of the Unified Patent Court (UPC) on 1 June 2023, it has become possible to challenge the legal validity of a patent...
Overview: Three different aspects in context of AI model training are patentable: Generating training data for use in training the AI model; a. Generating training data for use in training the AI model; b. Training the AI model using the...
Overview: If the invention concerns core AI, emphasize in the patent application that image processing is a primary application, add text processing as secondary application. In case the AI model of invention only does text processing, check whether it can...
According to Art. 83 EPC, an application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a skilled person. The description must disclose any feature essential for carrying out the invention...
Overview: Dimension 2: Claim directed to technical application field (“Applied AI”) Claim features contribute to the technical character of the AI invention, when they serve a technical purpose: By technical application, i.e to solve a technical problem in a technical...
Overview: Dimension 1: Claim directed to specific technical implementation AI model must be specifically adapted to this technical implementation by: AI design must be motivated by technical consideration of internal functioning of the computer Simplified, dimension 1 refers to core...
In this blog post we will give some insights into the patentability of AI (artificial intelligence) inventions in Europe (according to EPO practice). Can AI be patented and under which circumstances? But first, in order to assess these questions, let’s...
Which tasks can be performed by AI? Generally, the probably most prominent AI applications include image processing (i.e. computer vision) and natural language processing (“NLP”, i.e. language comprehension). Typical tasks performed by a deep learning method include information prediction (“predictive...
How can an (AI-) model learn such complex and abstract tasks, like distinguishing an American tourist from a Persian cat? This is done by training the model using training samples (e.g. example images annotated/labelled with a class, e.g. “American tourist”)....
Overview: An AI-based software program principally consists of a mathematical model with trained parameters. The mathematical model typically has the form of an artificial neural network (ANN) comprising several layers. Here is a very simple example: ...
What is actually “AI” and how is it related to other fancy stuff like “machine learning” and “deep learning”? Let’s face the beast! AI means “Artificial Intelligence”, so far so good. But what distinguishes it from e.g. the intelligence of...
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....
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....
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...
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...
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...
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,...
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...
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...
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...
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...
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...
The “grip region” In Germany, the legal figure of the skilled person’s “grip region” serves to use prior art features in order to argue for obviousness of an invention without a specific motivation – i.e., essentially without any motivation. As...
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...
– by Ludwig Lindermayer – At PAUSTIAN & PARTNER we are very happy to work with the Bavarian Office of BVMW regarding the China-IP-Helpdesk for BVMW-members. Also, China’s revised patent law came into effect today (01. June 2021). It contains...
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...
– by Ludwig Lindermayer – Manager friendly language with reduced details – please contact us for boring and comprehensive attorney statements. 😉 Summary: The terms of the Withdrawal Agreement apply. No imminent action needed for registered EU trademarks (EUTM). Action...
– by Martin Kuschel – Shortly before the end of the transition period at the end of the year, the EU and the United Kingdom still managed to agree on a free-trade agreement on December 24, 2020. A hard Brexit...
The decision “Rotating Menu” of the German Federal Court of Justice (FCJ), Jan. 14, 2020, X ZR 144/17, on the subject of graphical user interfaces concretizes what the skilled person reads as disclosed and which features must be disregarded in...
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...
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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