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 multiple owners on a single property. This is basically also true for patents. However, there are also differences between non-rival rights to exclude...
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...
– by Martin Kuschel – French philosopher Michel Foucault quotes in his book “The Order of Things” writer Jorge Luis Borges with the following categorization of animals belonging to an emperor: „a) animals belonging to the emperor, b) embalmed animals,...
The square packaging of Ritter Sport Schokolade is the subject of the decisions I ZB 42/19 and I ZB 43/19 of June 23, 2020. They concretize the “substantial value” of a product in connection with a packaging shape used as...
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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