In principle, in procedure before the EPO, each party meets its own costs. Under Art 104(1) EPC and Art 16(1)(c) RPBA, however, the BoA may, on request and on grounds of equity, order a different apportionment of costs…
Read more →May 31, 2019
In decisions G 2/12 and G 2/13, the EBA of the EPO concluded that the scope of application of the term "essentially biological processes for the breeding of plants" in Art 53 lit b EPC is interpreted to the effect that…
Read more →A claim defining a compound as having a certain purity lacks novelty over a prior-art disclosure describing the same compound only if the prior art discloses the claimed purity at least implicitly, for example by way of…
Read more →In connection with generic "OR" claims within the meaning of the decision on partial priorities G 1/15, the right of a partial priority can be transferred independently of the generic priority right. However, such a…
Read more →Mar 4, 2019
We are pleased to announce that Dr Matthias Brunner, a graduate of the University of Vienna in the subject of molecular biology, successfully passed the Austrian Patent Attorney Examination in November 2018, following…
Read more →Feb 11, 2019
A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment…
Read more →Feb 4, 2019
In the prior art a study is known in which the patented active ingredient (fulvestrant) is already being used to treat breast cancer. Although this study only describes subcutaneous injections, it is logical to use this…
Read more →Art 125 EPC: It does not seem to be categorically ruled out that there may be a situation in which an applicant has a legitimate interest in the grant of a second patent with the same effective date for the same claimed…
Read more →Jan 21, 2019
The general admissibility of auxiliary request in appeal proceedings for the purpose of maintaining a limited form of the patent has already been affirmed by the Vienna Appeal Courtin 34 R 16/15w,…
Read more →Art 114(2) EPC: Arguments submitted in appeal proceedings are admissible in any event, provided that they are based on facts already in the proceedings, even if they are put forward for the first time at a late stage of…
Read more →Jan 7, 2019
We are pleased to announce that Patent and Trademark Attorney Fabian Stanke joins the firm as partner. Fabian Stanke began his training in our firm in 2012. In 2015, he became a European Patent Attorney. In 2017 he…
Read more →Jan 7, 2019
The patent in dipute provides that the outer edge of the heating surface of the protected grill tray is connected to the cut edge of the furnace pan. With the controversial grill bowl the outer edge of the heating…
Read more →Art 113(1) EPC: It is the opponent's responsibility to present all facts relevant to an alleged prior use and to offer suitable evidence (pursuant to Art 117(1) EPC inter alia documents, objects of inspection and…
Read more →Dec 24, 2018
The main difference between the patent in dispute and the closest prior art is that a convection chamber of the oven according to the invention is formed, on the one hand, by storage elements which are held by means of…
Read more →Art 117 EPC: Expert evidence should assist the BoA in matters which lie outside the expertise of its members. An expert opinion of a former board member, which was submitted as expert evidence with regard to the…
Read more →Dec 7, 2018
Our Christmas donation 2018 was given to “Barmherzige Schwestern” and “DEBRA Austria”. Since 170 years, theBarmherzigen Schwesternhave been nurturing and accompanying sick and elderly people, following the Vincentian…
Read more →The general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods. For example, for claims in patent infringement cases, the…
Read more →In the context of a method it is important to differentiate between different types of stated purpose, namely those that define the application or use of a method, and those that define an effect arising from the steps…
Read more →As a result of the implementation of some provisions of the European Trade Mark Directive (https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32015L2436&from=DE), Sec 19 Austrian Trade and Service Marks Law…
Read more →Aug 1, 2018
According to the decision in G 1/92 of the EBA, the chemical composition of a product belongs to the state of the art if the product itself is accessible to the public and can be analysed and reproduced by a person…
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