The Holy Roman Empire (Latin: Sacrum Romanum Imperium; German: Heiliges Römisches Reich, later: Heiliges Römisches Reich deutscher Nation) was one of the largest, most successful and longest-lasting political entities in Europe. Founded by the German Emperor Otto the Great in 962, who wanted to continue and revive the empire of Charlemagne, who in turn considered…

Even the best European Patent Attorneys may occasionally have to represent a client in an appeal case that turns out to be increasingly hopeless, or they are representing the patentee in examination appeal proceedings in a field where technology advances faster than the Boards of Appeal are able to deal with their cases. In such…

The Enlarged Board of Appeal has now issued its long-awaited full decision in case G 1/21. Readers can access it here. The decision deserves a few comments. The Enlarged Board’s advance publication of the order of the decision in July was viewed by many as a sort of cliffhanger. This was because the question answered…

The German Federal Court of Justice (FCJ) confirmed that for setting the value in dispute of nullity actions on standard essential patents (SEPs) the well-established general rule applies, i.e. in the absence of special circumstances the value is 125% of the value of the infringement action(s) on the same patent (Order of May 11, 2021,…

The European Patent Office has invited its users and stakeholders to take position on the first draft of its „Towards a new normal“ orientation document. My experience with such public consultations in the recent past has not been particularly encouraging. It seems to me that outside views are simply collected and then moved into a…