freedom (Article 10 [2] CDR), (ii) the concept of the informed user and his level of attention (Article 10 [1] CDR), (iii) the scope of the General Court’s power of review (Article 61 [2] CDR),...

and maintained the proper distribution of the burden of proof throughout the proceedings. 2. Assessment of evidence The Applicant challenged the Board’s evaluation of the evidence, pointing to...

joint use of the goods thus offered for sale and the specific goods of the holder of those rights, carries out an act of reproduction for the purpose of making ‘citations’ within the meaning of...

office proceedings. In doing so, the Board of Appeal primarily confirmed the reasoning of the previous decision. The Board of Appeal upheld the finding that the sound sequence reproduced the...

affixing of new signs on the goods precludes the trade mark proprietor from being able to retain customers by virtue of the quality of its goods and affects the functions of investment and...

the level of renewal fees. For the latter, the EPO has revised its original proposal (SC/4/15 of March 3, 2015) and submitted a new document SC/18/15 of May 7, 2015 to the Select Committee of...

The decision of the Higher Regional Court of Duesseldorf (“Higher Regional Court”) deals with the interpretation of a patent claim in case of objectively incorrect, claim limiting, cited prior...

remains pending until the expiry of the time limit of 2 months for filing the appeal. 5. One of the aims of the introduction of the time limits in 2010 was to prevent a misuse of divisional...

the decision of the Opposition Division of the EPO, iVIS had filed a complaint against SCHWIND before the Regional Court of Mannheim in February, asserting the infringement of claim 1 of EP 1...

(appeal no. T2619/18-3-2.01), the Board of Appeal of the European Patent Office decided to set aside the decision of the opposition division, to reject the appeal of the opponent Pullmaflex...

injunction which, after first appeal of Edelweiss, was confirmed by judgment of June 29, 2011 (Case No. 84 O 69/11). The Cologne Appeal Court recently followed the assessment of the lower...

envisaged level of the renewal fees will only attract a small minority of users of the European patent system validating at present in a high number of participating member states. In respect of...

publication of a technical brochure, non-patent, or patent literature) state of the art within the meaning of Article 54(2) EPC, irrespective of whether the composition or internal structure of...

Joinder of parties – Application of “GAT/LuK” and “Roche Nederland” (decision of July 12, 2012 – Case C-616/10, Solvay SA v Honeywell Fluorine Products Europe BV – “Solvay”) On July 12, 2012,...

divisional applications. As of November 1, 2014, the situation will change due to an amendment of Rule 164 EPC. The full text of the amended rule can be found here . As a result of the change,...

, (i) a confidential assessment of the FRAND determination, (ii) a confidential summary of the main issues of disagreement and (iii) a methodology and an assessment of the FRAND determination 15...

the purpose of R. 48 EPC as a whole is to prevent the publication of matter contrary to morality or public order. The purpose of R. 48(1)(c) EPC cannot be to keep a patent specification free of...

Court of Justice of the European Union in the Mio and USM Haller / konektra cases (Joined Cases C-580/23 and C-795/23), related to questions of substantive EU copyright law with respect to works...