The Federal Court of Justice held that in utility model registration proceedings, the utility model department must examine whether one of the grounds for refusal listed in Sec. 2 Utility Model Law exists. Further, the exclusion of utility model protection for methods is in accordance with Article 14.1 and Article 3.1 of the Basic Law.
Case date: 27 March 2018
Case number: X ZB 18/16
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.