BPatG has declared decoding patent invalid in Germany |
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A decoding patent from Huawei has been declared invalid in Germany by the BPatG - because of the MPEG-4 standard |
Inventor remuneration when selling a patent portfolio |
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Selling a patent portfolio - How to determine the value of an invention? Value analysis? |
AI ACT of the EU comes - into force in August 2024 |
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The EU's AI ACT was published on 12 July 2024 and comes into force in August 2024. What does the EU AI Act say finally? |
Patents for AI-generated inventions – BGH DABUS opens the door |
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BGH DABUS decision of 11 June 2024: An AI invention is patentable. Find here, who is to be named as inventor: |
Inventor remuneration with production-related mark-up factor |
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In modules and complex products, the turnover according to the invention is to be estimated with a production-related mark-up factor. |
Inventor remuneration and information provided by the employer |
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Information provided by the employer about the economic utilisation is essential for calculation of inventor remuneration. |
Malte Köllner honoured in Handelsblatt Best Lawyers Ranking 2024 |
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Patent attorney Malte Köllner honoured in the Handelsblatt Ranking - Best Lawyers 2024. |
adidas v Nike: Trademark dispute striped sports pants |
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adidas v Nike: Trademark dispute over striped sports pants decided by German OLG Düsseldorf: |
EPO: Augmenting a simulation model - technical? Inventive? |
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Augmenting a simulation model - technical and inventive? And from the perspective of G1/19? |
CFI: Big Mac trademark partially revoked |
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The Big Mac trademark is partially revoked - No proof of genuine use of the mark for i.eg. drive-through facilities. |
EPO AI Guideline 2024 - technical effects and AI training data |
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Technical effect and training data in the examination of the patent application according to the EPO AI Guideline 2024. |
WIPO treaty Genetic resources - in comparison to the Nagoya Protocol |
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The new WIPO Treaty on Organic Genes and Traditional Knowledge - new in comparison to the Nagoya Protocol? |
Patent claim: Purpose fulfilment by embodiment - functional requirement? |
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Is the fulfilment of the purpose by the embodiment to be regarded as a functional requirement in the patent claim? |
ECJ in AUDI v GQ: Trade mark law does not provide for a repair clause |
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How is the term 'use of a sign in the course of trade' to be interpreted - a 'repair clause' descion of ECJ: |
New AI Guidelines for Business in Japan |
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Japan's new AI guideline - is this an end of freedom to use works under copyright for AI development? |
Inventor’s remuneration: Know-how and IP in purchase agreement |
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Know-how and IP - what allocation in a purchase agreement is appropriate with regard to the inventor's remuneration? |
OLG Karlsruhe: Interpretation of the patent claim |
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How might a patent be interpreted? A recent decision with references to the general German case law: |
No EU trademark ‘Pablo Escobar’ |
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Pablo Escobar won't be protected as EU trademark: It is contrary to accepted principles of morality and public policy |
OLG Karlsruhe: Infringement of a European patent – national law or UPCA? |
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How can the UPCA be viewed in relation to national law? A German UPCA decision on a European patent: |
BGH: Happy Bit – patent claim concerning computer programs |
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Happy Bit - current BGH decision on patent claims concerning computer programms and the "new" priority law: |
EPO: Screening algorithm in a patent application |
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EPO: Screening algorithm in software patent application - sufficient clarity and disclosure? |
AI ACT adopted by the EU Parliament |
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AI ACT adopted by the EU Parliament, including transparency requirements and risk rating |
Secrecy protection at the UPC |
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Secrecy protection in court is not only an issue for coding. Now there is a UPC decision on this: |
Puma's shoe design invalid proven by Rihanna Instagram-post |
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06 march 2024 - CFI: Puma's shoe design remains invalid proven by an Instagram post about Rihanna. |
Inventor remuneration and change in ownership of the company |
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Change of ownership of the company via asset deal or share deal? There's an effect on inventor's remuneration: |
EPO offers SMEs discount on patent applications |
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EPO offers a 30% reduction on fees for patent applications of SMEs, in force from 1 April 2024: |
Priority right: BGH concurs with EPO G 1/22 and G2/22 |
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This opens the door wide for effectively transfering priority rights before the EPO and in Germany. |
BGH: KÖLNER DOM no trademark |
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KÖLNER DOM cannot be a German trademark according to the BGH - in contrast to ECJ's Neuschwanstein. |
Priority in Euro - PCT : EPO G 1/22 and G 2/22 |
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Priority in pct, here in Euro-PCT application: G 1/22 and G 2/22 have findings in favour of applicants. |
Likelihood of confusion of figurative marks |
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Similar figurative marks - likelihood of confusion? Distinctive character? A recent judgement of the CFI: |
EPO: Selection of optimal target path |
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Selection of optimal target path - inventive step or state of art? |
Trade secret in German case law |
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Trade secret stolen or know-how taken? And what are "appropriate" protective measures according to German law? |
ECJ: Wine label and geographical designation of origin |
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Current ECJ ruling: traditional terms and geographical origin on the wine label: |
Employee invention in GER - duty to provide information |
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The obligation to provide information about the employee invention in accordance with § 15 ArbErfG is no longer an overly important duty. |
USA: Training of generative AI with works under copyright |
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Partial victory for META in the AI copyright dispute - not the only US decision on copyright and AI: |
Technical effect - BGH decision Schlossgehäuse |
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What are the essential requirements for the technical effect when examining inventive step? A BGH leading decision: |
TM BrightBlue - likelihood of confusion with the word mark BLUE? |
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CFI: Is the word element "blue" sufficient trigger for likelihood of confusion between the trademarks brightblue and blue? |
EPO case-law: Industrial material composition |
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Insufficient disclosure and impermissible extension - current EPA case law on industrial material composition. |
Employee invention in GER: Inventor's share among co-inventors |
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what is the inventor's share of an employee who had the actual idea for the technical solution? |
Computational in silico modeling of pharmaceutical composition - inventive? |
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Computational (in silico) modeling in drug development: Is the choice of components considered obvious? |
WIPO Global Innovation Index 2023 |
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28.9.23 - WIPO Global Innovation Index 2023 is publihed, the first time plus Unicorn evalution. |
German patent law: News about state-of-the-art |
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What is the state-of-the-art in GER? Publications on the internet? Documents of the (non-published) patent application? |
French Supreme Court: Reversal in patent divisional applications |
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Patent divisional applications - a reversal of Supreme Court France |
CFI: colour position mark on packaging |
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Is the colour position mark on the packaging unusual? And is it an ornamental element or rather a functional "label"? |
Scooter case-law CFI: designer's freedom of design |
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12 September 2023: Recent CFI decision on the interpretation of the designer's freedom of design. |
Dr. Malte Köllner awarded Patent Prosecution Attorney 2023 in Germany |
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Dr. Malte Köllner is awarded "Patent Prosecution Attorney 2023 in Germany": |
No copyright for AI-generated art in the USA |
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An interesting but not surprising recent decision from the US: No US copyright for autonomously generated works by AI. |
Federal Patent court: Divisional application - pending |
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The German Federal Patent Court ruled on a divisional application in an appeal procedure. |
BLACK FRIDAY trademark cancelled - finally! |
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BLACK FRIDAY trademark in Germany cancelled - finally! |
Laser treatment: new? inventive? according to norms? |
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Laser treatment - challended before the EPO: new? inventive? And inventive also according to the medical device norm? |
Machine learning - technical with regard to G 1/19? |
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Machine learning - to be seen as technical? EPO decision with regard to G 1/19 and indirect measurement: |
In-house remuneration arrangements in Germany |
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In-house regulations on inventor remuneration in Germany are permissible, but only in compliance with the Employee Inventions Act: |
German AI case-law: Disclosure of the structure of AI networks |
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German AI case-law: Disclosure of the structure of AI networks - decision of Federal Patent Court: |
Patent application Virtual Infrastructure: inventive? |
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Virtual Infrastructure invention - is this patent application inventive? A current case study from the EPO: |
ECJ: Counterclaim for a declaration of invalidity |
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In a counterclaim against an EU trade mark, may the subject matter of the dispute be broader than in the related infringement action? |
Inventor remuneration in cyber security and IT |
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Inventor's remuneration in the field of cybersecurity and IT: to what amount? And what, if the invention is declared a trade secret? |
EPO case-law Snap Track: Clarity in the patent claim |
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Lack of clarity in the patent claim: the recent EPO decision 'Sequential logic/Snap Track' on a patent application for mobile devices |
OLG Munich: Time limit of vindication claim |
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Case-law OLG Munich: time limit of vinidication claim against a divisional application from a European parent application. |
Malte Köllner awarded in Handelsblatt Ranking 2023 |
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Handelsblatt Ranking 2023: Malte Köllner awarded among "Best Lawyers in Germany" in the field of IP. |
BGH: invalidity action with pending EPO opposition |
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BGH Aminopyridine: When can I file an invalidity action with a pending EPO opposition? |
Emmentaler - Swiss cheese and a collective mark? |
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CFI T 2/21 from 24 May 23: Is Emmentaler a cheese of Switzerland and a collective mark? |
AI Sound and AI Voice: Sound mark? Copyright? |
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AI sound and AI voice - which property rights are at stake? Sound trademark? Copyright? Patent? |
1 June 2023 - The UPC launches today! |
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1 June 2023: the UPC starts today! An up-to-date overview of the Unitary Patent in Europe: |
Microsoft synchronisation - inventive with regard to G1/19? |
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Digital Network Synchronisation from Microsoft - is Synengine inventive with G1/19 in mind? |
Right to use the employee invention |
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Right to use the employee invention after release, but the German ArbnErfG continues to apply. |
EPO appeal proceedings by video - the rule? |
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10 May 2023 - Appeal hearing by video the rule, even after the pandemic? "Yes", according to the EPO decision T 0618/21: |
Generative AI: CHATGPT, AI ACT and GDPR |
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2 May 2023. The EU Parliament has agreed on generative AI in the AI ACT. ChatGPT is classified as "not high risk": |
Training of the AI - EPO case law |
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Training of the AI in the patent claim - sufficiently disclosed? EPO case law on training of AI: |
Tooltime term as trademark for software |
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Tooltime and German case-law: a fictious term as German trademark for software? |
BGH Decision CQI Report II: Patent exhaustion |
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Patent exhaustion due to plaintiff's contracts with third parties? |
EPO: Pouch with inner container |
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Is the EPO decision Pouch with inner container a re-adjustment to the interpretation of the patent claim? |
Aldi Gourmet trademark: CFI on earlier national marks |
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Invalidity proceedings against the Aldi Gourmet trademark since 2011: In these, CFI has just ruled on the evidence of the earlier national marks |
Computer-implemented invention - Huawei EP Patent rejected |
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Computer-implemented invention in case law: the Huawei EP 'Signal Processing' was rejected. |
ECJ on technical function in industrial design |
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ECJ on Community design 'packing device' - technical function in industrial design: |
Inventor remuneration and agreement on R & D |
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Inventor remuneration within an agreement on R & D between the parent company and the subsidiary: compliant? |
BGH: Technical effect of spare parts and re-manufacturing |
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Spare parts with technical effect - does their installation constitute re-manufacturing of the patented product? BGH's leading decision: |
EUIPO: Burberry check pattern as virtual trademark |
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Burberry check pattern as an union trademark - and in particular the question of whether the established case law applies to a virtual trademark: |
Lump-sum inventor remuneration – rules and aspects |
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A lump-sum inventor remuneration is common practice. But, there are essential points to consider: |
Description and drawings an exception? EPO Pouch with inner container |
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Description and drawings an exception? EPO Decision Pouch with inner container interpreting patent claims: |
Exhibition protection at German trade fairs in 2023 |
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Exhibition of new products needs care with regard to IP rights. Find all about exhibition protection at German trade fairs in 2023: |
Audi v. Nio: Likelihood of confusion between car models |
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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. |
Algorithm and AI inventions as a patent |
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Inventions involving AI, algorithms and software may well be patentable - we show, how: |
Louboutin versus Amazon at ECJ: Is Amazon a 'neutral agent'? |
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Louboutin v Amazon: ECJ decision of 22 december 2022 on whether Amazon is responsible for trademark infringements caused by third-party sellers: |
Constitutional complaint against the EPO rejected |
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This decision has been public since 12.01.23: the German Federal Constitutional Court rejected the constitutional complaint against the EPO. |
Turn-around proposed: Inflation compensation for staggered reducted remuneration |
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The Arbitration Board proposes amendments the scale table - with inflation compensation! It's a turn-around for German employee inventions: |
BGH: Cloud versus European patent 'data to user' |
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This BGH decision from the end of 2021 is kind of trend-setting for computer-implemented inventions around server data. |
CFI: Invalidity action against a complex built-in design |
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CFI about a challenged complex, built-in design and the scope of the application for a declaration of invalidity. |
EPO: Patent in optical distance measurement – novelty? |
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The patent 'Optical Distance measurement' was defended with originally only optional variants. Decisive is the wording of the patent. |
ChatGPT - is 2023 the year of generative AI technology? |
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ChatGPT is hype right now - maybe the breakthrough of AI. What are the IP rights for AI-generated texts, images or inventions? |
WTO Panel on Patent Rights in China and Anti-Suit injunction |
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WTO panel against China due to obstructing patent enforcement is in force: SEP patents and anti-suit injunction. |
FITAMIN - trademark by 'misspelling' a general term? |
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FITAMIN - is it automatically read as VITAMIN? German case law on modified terms as trademarks: |
BGH: Is general knowledge obvious? |
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BGH and its leading decision: Is common knowledge obvious to a person skilled in the art? German case law: |
German employee invention: Remuneration calculation |
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Do agreements under labour law apply to German employee inventor compensation? And what about remuneration calculation under a new formula? |
Shopify v Shoppi: (post) Brexit judgment |
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In invalidity proceedings against TM Shoppi: Was the use of the earlier trademark Shopify in the UK to be considered? Post Brexit? |
Non-unique cell ID in telecommunications: UNWIRED PLANET decision |
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UNWRIED PLANET against Google, Samsung, Huawei etc.: Technical Board of Appeal ruled on non-unique Cell-ID. |
Inventive value of employee invention: Software in plants |
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An industrial software invention is often implemented into plants. How to determine in GER the inventive value? What is the impact of turnover? |
EPO: AI invention with meta-learning scheme |
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Experience is needed to successfully refer to new general knowledge in AI META learning: |
Patent on a software invention? |
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Is a software invention patentable? In most cases "yes" in Europe. However, there is a two-hurdle approach: |
News on the BLACK FRIDAY trademark |
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News on the BLACK FRIDAY trademark: the complete revocation of the German trademark BLACK FRIDAY was confirmed by the Berlin Court: |
Employee invention declared a trade secret |
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Employee invention in Germany declared a trade secret: What about inventor remuneration? What about patentability? |
BGH: Disclosure by a prior art document |
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Disclosure by a prior art document? The decisive aspect is reproducibility of the technical teaching. See this headnote decision of BGH: |
PCT application: Amendments to the claims |
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PCT application: It is not unusual to want to make changes to the claims. A brief overview of the important aspects and deadlines: |
CFI: Free-riding on a reputation of a well-known mark |
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CFI on the exploitation of a well-known trademark despite low similarity: it extends the case law on 'free-riding': |
Effective design protection for industrial design |
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Industrial design is often a mixture with technic functions and software. How to apply for effective design protection? |
German Employee invention in international group |
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An employee invention in an international group: to whom must the invention be reported? And does invention disclosure to the USA mean 'claiming' |
Federal Patent Court - DABUS as inventor? |
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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. |
EPO: Samsung animation system - technical purpose? |
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Is the adaptation of autonomous actions based on user data to be considered a technical purpose? Samsung argued in vain |
Invention disclosure - Employee invention in Germany |
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In principle, every invention disclosure triggers obligations for the employer - depending type and manner of the invention disclosure. |
Problem-solution approach in Germany |
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Problem-Solution-Approach in German case-law: how do I argue inventive step in the solution approach of the patent? |
CODE-X: Likelihood of confusion between trademarks for beverages |
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CODE-X v Cody's: the CFI decision on the importance of phonetic similarity for the likelihood of confusion around beverage marks: |
Exclusion of double patenting: What will change due to the UPC? |
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Double patenting and exclusion of double protection: what changes with regard to the Unified Patent Court (UPC)? |
Dr. Malte Köllner awarded "Lawyer of the Year": Handelsblatt Ranking 2022 for Germany |
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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"! |
Inventor remuneration: digital Employee invention |
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Inventor remuneration of a digital employee invention or 'software invention', a computer-implemented invention: how to calculate? |
BGH: Public availability at the interface between law and trade secrets |
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BGH leading decision: Public availability from know-how of R&D - in tension with German law on trade secrets. |
La Irlandesa 1943 mark: misleading and filed in bad faith? |
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'La Irlandesa 1943' - does that make you think of Ireland? Was the disputed mark - after the end of a long business relationship - misleading and |
BGH ‘Verbundelement’: patent claim and counterparts |
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Patent claim without very specific information, e.g. on adhesion: can it be successfully delimit itself from counterparts? The German BGH ruled |
Claiming an employee invention |
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Claiming of an employee invention in Germany: what is an 'effective' claiming? or 'fiction of claim'? |
UPC: Regional chambers of first instance published |
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The legal framework of the UPC Court is published: regional chambers of 1st instance, procdure and fees: |
German case-law on patent application for autonomous vehicles with AI |
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German patent application for autonomous vehicles with AI before BPatG: the AI was regarded as new – but was it inventive? |
CFI case-law: opposition proceedings after Brexit |
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APE TEES trade mark dispute before CFI: Can UK law be relied on in opposition proceedings after Brexit? |
German case-law: limitation period of remuneration of employee’s invention |
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Employee’s invention in GER: A three-year limitation period applies to the limitation of claims for inventor's compensation - in most cases. |
'Big bang' for sequence listing:
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On 1 July 2022, the new WIPO standard ST.26 for sequence listings in international patent applications will enter into force. |
Co-inventors in companies - mention of the inventor |
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Mention of inventors in the company - who is to be mentioned as co-inventor? |
WTO – COVID patent waiver demystified |
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WTO declaration 'patent waiver' for COVID vaccines: this is in fact a change in comditions of compulsory licenses. |
Cloud computing 'in real time': inventive? |
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Cloud computing and process selection 'in real time': EPO on patent application for automation. |
THINK DIFFERENT: Apple vs. Swatch |
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Apple's THINK DIFFERENT is famous - yet must it be proven to be used as a trademark? CFI: Apple v Swatch |
Entitlement to inventor remuneration |
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Inventor remuneration in GER: a claim to inventor's compensation is triggered by...? Find the answer here. |
ECJ: Trade names and trademark rights |
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The ECJ ruled in a conflict over similar trade names - and one of them was registered as a trademark. Prior right? |
PCT - International Patent Application with benefits |
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Benefits of a PCT application as reduced effort are obvious; additional youcan use a patent fee concept for the entire national phase. |
Trade fair - protection against plagiarism |
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Trade fair opening and IP protection: what to do against plagiarism? What to do, if you are accused of infringement? |
What about IP rights in Russia? |
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After the sanctions against Russia and Belarus: what about IP rights in Russia- especially for "unfriendly" countries? |
Champagne - protected as a PDO |
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Protection as PDO against counterfeiting is to be extended to services, the ECJ ruled. |
Anti-Suit Injunction in International SEP and FRAND Disputes |
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Anti-Suit-Injunction (ASI) is strategic tool in SEP and FRAND patent disputes. In this context, the OLG Düsseldorf ruled. |
IP Update 5/22: AI Dabus, UPC and more |
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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! |
China in the Hague Agreement: In force since 5 May 22 |
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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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e-mail: info@kollner.eu
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