Oct 19, 2020
The notional business person might come up with an abstract idea (in this case: avoiding the customer having to provide PIN and account information to the merchant). However, if the invention requires a new…
Read more →A new attack on inventive step which is launched in response to and by using documents filed by the patent proprietor with his response to the notice of opposition are not per se to be considered late-filed. It may be…
Read more →Sep 24, 2020
After a bitter defeat in Lissabon against FC Bayern Munich football player Lionel Messi carried off a glorious victory inLuxembourg. It was already in 2011 that Messi wanted to expand his professional activities to…
Read more →New arguments, which are submitted at a late stage, shall in principle be admitted into the proceedings (in confirmation of decision T 1914/12). However, the board has the discretion not to admit late-filed objections…
Read more →Requests can be withdrawn explicitly or implicitly. An implicit withdrawal exists if it is clear from the circumstances that a request is not pursued further. If requests, which were initially filed in appeal…
Read more →According to the rules on the burden of proof applicable under the EPC, each party has to present and prove the facts that are favourable to it – the principle of "negativa non sunt probanda" applies. Accordingly, the…
Read more →If a claim is directed to a known compound or composition for use in a therapeutic method of treatment or prevention of a disease, and the claim specifies that the subject to be treated displays a clearly defined and…
Read more →Jun 12, 2020
It is with great sadness that we have to announce the passing of our dear colleague and former partner Arnulf Weinzinger on 5 June 2020 after a long and serious illness, but still unexpected and far too soon. We will…
Read more →May 15, 2020
Extension of time limits and oral proceedings before the European Patent Office (EPO)According to acommunicationfrom the EPO dated 1 May 2020, deadlines expiring on or after 15 March 2020 are extendeduntil 2 June…
Read more →Apr 23, 2020
In view of the ongoing Covid-19 pandemic, the EPO issued a furtherNoticeon 16 April 2020 stating that deadlines expiring on or after 15 March 2020 would be extended until4 May 2020for all parties and their…
Read more →Apr 7, 2020
Due to the ongoing Covid-19 pandemic, many courts as well as patent and trademark offices have decided to extend or interrupt current time limits and to postpone already scheduled hearings. However, the handling of time…
Read more →Mar 19, 2020
The health and well-being of our employees is very important to us. For this reason, and also in order to assume our social responsibility, we have followed the recommendation of the Federal Government and have made…
Read more →Dec 19, 2019
Our Christmas donation 2019 was given to “Sterntalerhof” and “Wiender Tafel”. TheSterntalerhofis a children’s hospice in the original sense of the word, namely a harbourage where hope can grow anew, families can find…
Read more →Oct 28, 2019
A party requesting the exclusion of certain documents from inspection under Art 128(4) EPC may not successfully rely on the provisions of the GDPR because it is not binding on the European Patent Organisation (EPO BoA…
Read more →Oct 14, 2019
A device defined by a feature which can only be generated by a surgical or therapeutic step (here: an implantable device for desynchronizing the activity of pathologically active brain areas comprising means for…
Read more →The appalent's request not to admit the declaration of an expert, since the latter is bound by an NDA and is therefore not entitled to make statements on the experiments he made, cannot be granted: In order to comply…
Read more →Sep 18, 2019
The decision of the upper regional court of Vienna) dated September 18, 2018, (OLG Wien, 133 R 41/18 d) deals with the technicity exclusively with regard to method claim 1. During the application procedure, claim 1 had…
Read more →Rule 71(5) of the EPC Implementing Regulations, according to which the payment of the required fees and the filing of the required translations of the claims shall be deemed to constitute agreement with the…
Read more →Jul 24, 2019
What is the relationship between trade secrets and patents? Are they mutually exclusive or do they complement each other? Do innovative companies have to decide between trade secrets and patents or is there a…
Read more →Jul 18, 2019
Will conceptual differences between conflicting signs neutralize acoustic similarities and what does it mean for the injunctive relief if the understanding of the relevant consumers differs throughout the European…
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