The decision of the Board of Appeal of the European Patent Office which revokes a European patent due to lack of inventive step, is a supra-national legal instrument which can be the object of a complaint to the German Constitutional Court. Such complaints are only admissible if the protection of fundamental rights is no longer generally and obviously guaranteed by the legal system and the internal practice of the international organization in dispute. Since these conditions are not met, the complaint is dismissed.

Click here for the full text of this case.

A full summary of this case has been published on Kluwer IP Law.



To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.

Kluwer IP Law
This page as PDF