is one of the most rapidly developing fields of technology. The patentability of AI is a complex and evolving area of law. In particular, before the European Patent Office, there are a number of...

it about? Artificial intelligence (AI) is one of the fastest advancing areas of technology. The legal issues surrounding the patentability of AI are varied, complex, and constantly evolving....

light of the entire disclosure. Rather, they have regularly taken the position that the meaning of the claim needs to be clear from the wording of the claim alone. Does this mean that, as a...

protection afforded by this provision. II. Analysis of the three main arguments 1. Burden of proof Lidl argued that the burden of proving the applicability of the grace period exception lies...

background of the spatial limitations of the chosen means of communication (Sec. 5a (3) UWG)—the provision of the necessary information by indicating a URL or a QR code is sufficient. 3. The...

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...

relaxed in the current version of the Guidelines 2022, but it is still not sufficient to make only minimum amendments, which were sufficient prior to 2021 (it was often sufficient to supplement...

community of Castell, located in the wine-growing area of Franconia (part of Bavaria), against a decision of the Frankfurt Appeal Court, denying liability of the French company Castel Frères of...

observed in the context of examination of the absolute grounds for refusal according to Article 7(1) of the EU Regulation No. 207/2009 (“EUTMR 2009”). It does not constitute an error of law if a...

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...

The background of this case is that NanoString had already previously tried to obstruct/delay the grant of an injunction in parallel national infringement proceedings in Germany by way of an...

extension of the scope of protection after grant, lack of entitlement, and national prior rights existing in any of the UPC member states. b) Duration of the proceedings Considering the duration...

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...

from using a sign the use of which adversely affects or is liable adversely to affect one of the functions of the trade mark, on the ground that, though being aware of the use of the mark, he or...

Decision of the Higher Regional Court of Munich The Higher Regional Court of Munich confirmed both the finding of patent infringement and the rejection of the FRAND objection by the Regional...

87(1) EPC in favor of the EPO’s competence and the autonomous law of the EPC. The EBoA moreover circumvented the disputed concept of the “PCT joint applicants approach” in favor of the even more...

facilitate the summary review by infringement courts of lower instances of the prospects of nullity proceedings in the context of the examination of a stay of infringement proceedings. However,...

first time in the history of the UPC system ruled on the requirements for the finding of infringement of second medical use claims. The Court held that for a finding of infringement of second...