News and IP Blog

AI ACT adopted by the EU Parliament

ai act

AI ACT adopted by the EU Parliament, including transparency requirements and risk rating
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AI ACT adopted by the EU Parliament

ai act

AI ACT adopted by the EU Parliament, including transparency requirements and risk rating
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Secrecy protection at the UPC

UPC secrecy protection

Secrecy protection in court is not only an issue for coding. Now there is a UPC decision on this:
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Puma's shoe design invalid proven by Rihanna Instagram-post

Rihanna instagram-post

06 march 2024 - CFI: Puma's shoe design remains invalid proven by an Instagram post about Rihanna.
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Inventor remuneration and change in ownership of the company

inventor remuneration AND company ownership

Change of ownership of the company via asset deal or share deal? There's an effect on inventor's remuneration:
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EPO offers SMEs discount on patent applications

eop discount SMEs

EPO offers a 30% reduction on fees for patent applications of SMEs, in force from 1 April 2024:
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Priority right: BGH concurs with EPO G 1/22 and G2/22

priority right

This opens the door wide for effectively transfering priority rights before the EPO and in Germany.
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BGH: KÖLNER DOM no trademark

Kölner Dom trademark

KÖLNER DOM cannot be a German trademark according to the BGH - in contrast to ECJ's Neuschwanstein.
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Priority in Euro - PCT : EPO G 1/22 and G 2/22

priority in pct

Priority in pct, here in Euro-PCT application: G 1/22 and G 2/22 have findings in favour of applicants.
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Likelihood of confusion of figurative marks

figurative marks

Similar figurative marks - likelihood of confusion? Distinctive character? A recent judgement of the CFI:
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EPO: Selection of optimal target path

target path

Selection of optimal target path - inventive step or state of art?
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Trade secret in German case law

trade secret

Trade secret stolen or know-how taken? And what are "appropriate" protective measures according to German law?
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ECJ: Wine label and geographical designation of origin

wine label

Current ECJ ruling: traditional terms and geographical origin on the wine label:
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Employee invention in GER - duty to provide information

employee invention in germany

The obligation to provide information about the employee invention in accordance with § 15 ArbErfG is no longer an overly important duty.
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USA: Training of generative AI with works under copyright

copyright AND AI

Partial victory for META in the AI copyright dispute - not the only US decision on copyright and AI:
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Technical effect - BGH decision Schlossgehäuse

technical effect

What are the essential requirements for the technical effect when examining inventive step? A BGH leading decision:
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TM BrightBlue - likelihood of confusion with the word mark BLUE?

bright blue

CFI: Is the word element "blue" sufficient trigger for likelihood of confusion between the trademarks brightblue and blue?
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EPO case-law: Industrial material composition

industrial material

Insufficient disclosure and impermissible extension - current EPA case law on industrial material composition.
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Employee invention in GER: Inventor's share among co-inventors

Inventor's share

what is the inventor's share of an employee who had the actual idea for the technical solution?
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Computational in silico modeling of pharmaceutical composition - inventive?

computational in silico modeling

Computational (in silico) modeling in drug development: Is the choice of components considered obvious?
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WIPO Global Innovation Index 2023

WIPO Global Innovation Index 2023 AND unicorn

28.9.23 - WIPO Global Innovation Index 2023 is publihed, the first time plus Unicorn evalution.
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German patent law: News about state-of-the-art

state of the art in germany

What is the state-of-the-art in GER? Publications on the internet? Documents of the (non-published) patent application?
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French Supreme Court: Reversal in patent divisional applications

blog.php?t=french+patent+divisional+applications

Patent divisional applications - a reversal of Supreme Court France
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CFI: colour position mark on packaging

colour position mark

Is the colour position mark on the packaging unusual? And is it an ornamental element or rather a functional "label"?
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Scooter case-law CFI: designer's freedom of design

design

12 September 2023: Recent CFI decision on the interpretation of the designer's freedom of design.
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Dr. Malte Köllner awarded Patent Prosecution Attorney 2023 in Germany

patent prosecution attorney AND Malte Köllner

Dr. Malte Köllner is awarded "Patent Prosecution Attorney 2023 in Germany":
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No copyright for AI-generated art in the USA

AI generated AND copyright

An interesting but not surprising recent decision from the US: No US copyright for autonomously generated works by AI.
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Federal Patent court: Divisional application - pending

divisional application

The German Federal Patent Court ruled on a divisional application in an appeal procedure.
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BLACK FRIDAY trademark cancelled - finally!

black friday in Germany

BLACK FRIDAY trademark in Germany cancelled - finally!
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Laser treatment: new? inventive? according to norms?

laser treatment

Laser treatment - challended before the EPO: new? inventive? And inventive also according to the medical device norm?
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Machine learning - technical with regard to G 1/19?

machine learning technical

Machine learning - to be seen as technical? EPO decision with regard to G 1/19 and indirect measurement:
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In-house remuneration arrangements in Germany

In-house remuneration

In-house regulations on inventor remuneration in Germany are permissible, but only in compliance with the Employee Inventions Act:
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German AI case-law: Disclosure of the structure of AI networks

disclosure AI structure patent

German AI case-law: Disclosure of the structure of AI networks - decision of Federal Patent Court:
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Patent application Virtual Infrastructure: inventive?

virtual infrastructure

Virtual Infrastructure invention - is this patent application inventive? A current case study from the EPO:
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ECJ: Counterclaim for a declaration of invalidity

counterclaim trade mark

In a counterclaim against an EU trade mark, may the subject matter of the dispute be broader than in the related infringement action?
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Inventor remuneration in cyber security and IT

cyber security

Inventor's remuneration in the field of cybersecurity and IT: to what amount? And what, if the invention is declared a trade secret?
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EPO case-law Snap Track: Clarity in the patent claim

patent claim

Lack of clarity in the patent claim: the recent EPO decision 'Sequential logic/Snap Track' on a patent application for mobile devices
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OLG Munich: Time limit of vindication claim

time limit of vinidication

Case-law OLG Munich: time limit of vinidication claim against a divisional application from a European parent application.
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Malte Köllner awarded in Handelsblatt Ranking 2023

handelsblatt ranking 2023

Handelsblatt Ranking 2023: Malte Köllner awarded among "Best Lawyers in Germany" in the field of IP.
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BGH: invalidity action with pending EPO opposition

invalidity action and pending EPO opposition

BGH Aminopyridine: When can I file an invalidity action with a pending EPO opposition?
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Emmentaler - Swiss cheese and a collective mark?

Emmentaler

CFI T 2/21 from 24 May 23: Is Emmentaler a cheese of Switzerland and a collective mark?
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AI Sound and AI Voice: Sound mark? Copyright?

AI Sound and IP

AI sound and AI voice - which property rights are at stake? Sound trademark? Copyright? Patent?
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1 June 2023 - The UPC launches today!

UPC in force

1 June 2023: the UPC starts today! An up-to-date overview of the Unitary Patent in Europe:
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Microsoft synchronisation - inventive with regard to G1/19?

Microsoft synengine

Digital Network Synchronisation from Microsoft - is Synengine inventive with G1/19 in mind?
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Right to use the employee invention

Right to use the employee invention

Right to use the employee invention after release, but the German ArbnErfG continues to apply.
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EPO appeal proceedings by video - the rule?

appeal proceedings by video

10 May 2023 - Appeal hearing by video the rule, even after the pandemic? "Yes", according to the EPO decision T 0618/21:
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Generative AI: CHATGPT, AI ACT and GDPR

AI ACT

2 May 2023. The EU Parliament has agreed on generative AI in the AI ACT. ChatGPT is classified as "not high risk":
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Training of the AI - EPO case law

training of the AI

Training of the AI in the patent claim - sufficiently disclosed? EPO case law on training of AI:
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Tooltime term as trademark for software

TOOLTIME

Tooltime and German case-law: a fictious term as German trademark for software?
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BGH Decision CQI Report II: Patent exhaustion

BGH Decision CQI Report II

Patent exhaustion due to plaintiff's contracts with third parties?
The BGH decision CQI Report II on a chip patent of IP Bridge:
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Aldi Gourmet trademark: CFI on earlier national marks

Aldi Gourmet trademark

Invalidity proceedings against the Aldi Gourmet trademark since 2011: In these, CFI has just ruled on the evidence of the earlier national marks
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Computer-implemented invention - Huawei EP Patent rejected

Huawei patent

Computer-implemented invention in case law: the Huawei EP 'Signal Processing' was rejected.
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ECJ on technical function in industrial design

technical function in industrial design

ECJ on Community design 'packing device' - technical function in industrial design:
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Inventor remuneration and agreement on R & D

Inventor remuneration and R & D

Inventor remuneration within an agreement on R & D between the parent company and the subsidiary: compliant?
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BGH: Technical effect of spare parts and re-manufacturing

spare parts and re-manufacturing

Spare parts with technical effect - does their installation constitute re-manufacturing of the patented product? BGH's leading decision:
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EUIPO: Burberry check pattern as virtual trademark

Burberry

Burberry check pattern as an union trademark - and in particular the question of whether the established case law applies to a virtual trademark:
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Lump-sum inventor remuneration – rules and aspects

Lump-sum inventor remuneration

A lump-sum inventor remuneration is common practice. But, there are essential points to consider:
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Exhibition protection at German trade fairs in 2023

Exhibition protection 2023

Exhibition of new products needs care with regard to IP rights. Find all about exhibition protection at German trade fairs in 2023:
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Audi v. Nio: Likelihood of confusion between car models

Audi v Nio

On 19.01.23, the LG Munich prohibited Nio from advertising its models named ES6 and ES8: likelihood of confusion with the Audi models S6 and S8.
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Algorithm and AI inventions as a patent

AI inventions

Inventions involving AI, algorithms and software may well be patentable - we show, how:
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Louboutin versus Amazon at ECJ: Is Amazon a 'neutral agent'?

Louboutin

Louboutin v Amazon: ECJ decision of 22 december 2022 on whether Amazon is responsible for trademark infringements caused by third-party sellers:
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Constitutional complaint against the EPO rejected

constitutional complaint against EPO

This decision has been public since 12.01.23: the German Federal Constitutional Court rejected the constitutional complaint against the EPO.
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Turn-around proposed: Inflation compensation for staggered reducted remuneration

inflation compensation in remuneration

The Arbitration Board proposes amendments the scale table - with inflation compensation! It's a turn-around for German employee inventions:
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BGH: Cloud versus European patent 'data to user'

data to user

This BGH decision from the end of 2021 is kind of trend-setting for computer-implemented inventions around server data.
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CFI: Invalidity action against a complex built-in design

declaration of invalidity

CFI about a challenged complex, built-in design and the scope of the application for a declaration of invalidity.
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EPO: Patent in optical distance measurement – novelty?

Optical Distance measurement

The patent 'Optical Distance measurement' was defended with originally only optional variants. Decisive is the wording of the patent.
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ChatGPT - is 2023 the year of generative AI technology?

ChatGPT

ChatGPT is hype right now - maybe the breakthrough of AI. What are the IP rights for AI-generated texts, images or inventions?
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WTO Panel on Patent Rights in China and Anti-Suit injunction

WTO Panel China

WTO panel against China due to obstructing patent enforcement is in force: SEP patents and anti-suit injunction.
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FITAMIN - trademark by 'misspelling' a general term?

FITAMIN

FITAMIN - is it automatically read as VITAMIN? German case law on modified terms as trademarks:
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BGH: Is general knowledge obvious?

obvious to a skilled person

BGH and its leading decision: Is common knowledge obvious to a person skilled in the art? German case law:
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German employee invention: Remuneration calculation

remuneration calculation

Do agreements under labour law apply to German employee inventor compensation? And what about remuneration calculation under a new formula?
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Shopify v Shoppi: (post) Brexit judgment

trademark

In invalidity proceedings against TM Shoppi: Was the use of the earlier trademark Shopify in the UK to be considered? Post Brexit?
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Non-unique cell ID in telecommunications: UNWIRED PLANET decision

Unwired Planet Cell-ID

UNWRIED PLANET against Google, Samsung, Huawei etc.: Technical Board of Appeal ruled on non-unique Cell-ID.
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Inventive value of employee invention: Software in plants

inventive value

An industrial software invention is often implemented into plants. How to determine in GER the inventive value? What is the impact of turnover?
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EPO: AI invention with meta-learning scheme

AI meta learning

Experience is needed to successfully refer to new general knowledge in AI META learning:
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Patent on a software invention?

software invention

Is a software invention patentable? In most cases "yes" in Europe. However, there is a two-hurdle approach:
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News on the BLACK FRIDAY trademark

Black Friday

News on the BLACK FRIDAY trademark: the complete revocation of the German trademark BLACK FRIDAY was confirmed by the Berlin Court:
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Employee invention declared a trade secret

trade secret

Employee invention in Germany declared a trade secret: What about inventor remuneration? What about patentability?
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BGH: Disclosure by a prior art document

disclosure

Disclosure by a prior art document? The decisive aspect is reproducibility of the technical teaching. See this headnote decision of BGH:
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PCT application: Amendments to the claims

pct

PCT application: It is not unusual to want to make changes to the claims. A brief overview of the important aspects and deadlines:
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CFI: Free-riding on a reputation of a well-known mark

well-known trademark

CFI on the exploitation of a well-known trademark despite low similarity: it extends the case law on 'free-riding':
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Effective design protection for industrial design

industrial design

Industrial design is often a mixture with technic functions and software. How to apply for effective design protection?
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German Employee invention in international group

invention in international group

An employee invention in an international group: to whom must the invention be reported? And does invention disclosure to the USA mean 'claiming'
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Federal Patent Court - DABUS as inventor?

DABUS as inventor

Can an AI be named and registered as an inventor? This is an international legal question about AI DABUS. Not the finish: the BPatG decision.
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EPO: Samsung animation system - technical purpose?

Samsung

Is the adaptation of autonomous actions based on user data to be considered a technical purpose? Samsung argued in vain
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Invention disclosure - Employee invention in Germany

Invention disclosure

In principle, every invention disclosure triggers obligations for the employer - depending type and manner of the invention disclosure.
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Problem-solution approach in Germany

Problem-solution approach Germany

Problem-Solution-Approach in German case-law: how do I argue inventive step in the solution approach of the patent?
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CODE-X: Likelihood of confusion between trademarks for beverages

code-x beverages

CODE-X v Cody's: the CFI decision on the importance of phonetic similarity for the likelihood of confusion around beverage marks:
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Exclusion of double patenting: What will change due to the UPC?

double patenting and UPC

Double patenting and exclusion of double protection: what changes with regard to the Unified Patent Court (UPC)?
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Dr. Malte Köllner awarded "Lawyer of the Year": Handelsblatt Ranking 2022 for Germany

Dr. Malte Köllner - Lawyer of the year

Handelsblatt has published its ranking of the best lawyers and law firms in Germany in 2022: Dr. Malte Köllner awarded as "Lawyer of the Year"!
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Inventor remuneration: digital Employee invention

digital employee invention

Inventor remuneration of a digital employee invention or 'software invention', a computer-implemented invention: how to calculate?
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BGH: Public availability at the interface between law and trade secrets

Public availability

BGH leading decision: Public availability from know-how of R&D - in tension with German law on trade secrets.
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La Irlandesa 1943 mark: misleading and filed in bad faith?

Irlandesa

'La Irlandesa 1943' - does that make you think of Ireland? Was the disputed mark - after the end of a long business relationship - misleading and
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BGH ‘Verbundelement’: patent claim and counterparts

patent counterpart

Patent claim without very specific information, e.g. on adhesion: can it be successfully delimit itself from counterparts? The German BGH ruled
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Claiming an employee invention

Claiming of an employee invention

Claiming of an employee invention in Germany: what is an 'effective' claiming? or 'fiction of claim'?
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UPC: Regional chambers of first instance published

UPC chambers

The legal framework of the UPC Court is published: regional chambers of 1st instance, procdure and fees:
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German case-law on patent application for autonomous vehicles with AI

autonomous vehicles with AI

German patent application for autonomous vehicles with AI before BPatG: the AI was regarded as new – but was it inventive?
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CFI case-law: opposition proceedings after Brexit

opposition proceedings after brexit

APE TEES trade mark dispute before CFI: Can UK law be relied on in opposition proceedings after Brexit?
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German case-law: limitation period of remuneration of employee’s invention

limitation period of remuneration

Employee’s invention in GER: A three-year limitation period applies to the limitation of claims for inventor's compensation - in most cases.
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'Big bang' for sequence listing:
New WIPO standard ST. 26

Sequence listing ST.26

On 1 July 2022, the new WIPO standard ST.26 for sequence listings in international patent applications will enter into force.
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Co-inventors in companies - mention of the inventor

Co-inventor, inventor mention

Mention of inventors in the company - who is to be mentioned as co-inventor?
In practice a sensitive issue in companies:
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WTO – COVID patent waiver demystified

WTO patent waiver COVID

WTO declaration 'patent waiver' for COVID vaccines: this is in fact a change in comditions of compulsory licenses.
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Cloud computing 'in real time': inventive?

cloud computing

Cloud computing and process selection 'in real time': EPO on patent application for automation.
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THINK DIFFERENT: Apple vs. Swatch
Non-use of trademarks

Apple ThINK DIFFERENT

Apple's THINK DIFFERENT is famous - yet must it be proven to be used as a trademark? CFI: Apple v Swatch
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Entitlement to inventor remuneration

Entitlement to inventor remuneration

Inventor remuneration in GER: a claim to inventor's compensation is triggered by...? Find the answer here.
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ECJ: Trade names and trademark rights

trade names and prior right

The ECJ ruled in a conflict over similar trade names - and one of them was registered as a trademark. Prior right?
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PCT - International Patent Application with benefits

PCT

Benefits of a PCT application as reduced effort are obvious; additional youcan use a patent fee concept for the entire national phase.
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Trade fair - protection against plagiarism

trade fair

Trade fair opening and IP protection: what to do against plagiarism? What to do, if you are accused of infringement?
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What about IP rights in Russia?

IP right in Russia

After the sanctions against Russia and Belarus: what about IP rights in Russia- especially for "unfriendly" countries?

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Champagne - protected as a PDO
Case-law ECJ, BGH and OLG

Champagne

Protection as PDO against counterfeiting is to be extended to services, the ECJ ruled.
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Anti-Suit Injunction in International SEP and FRAND Disputes

anti-suit-injunction

Anti-Suit-Injunction (ASI) is strategic tool in SEP and FRAND patent disputes. In this context, the OLG Düsseldorf ruled.
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IP Update 5/22: AI Dabus, UPC and more

IP Update

Unified patent and UPC - where do we stand, what needs to be done at the moment? We give answers - the Unified Patent Court is coming!
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China in the Hague Agreement: In force since 5 May 22

China Hague Agreement

China in the Hague Agreement: In force since 5 May 22. So, now is the right time for a design application!
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