News and IP Blog

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 invention with meta-learning

A lot of experience is needed to successfully refer to new general knowledge in AI: AI invention with 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 an 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 of 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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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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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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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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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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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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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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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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