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…

In my post “The German UPCA Ratification – at Schweinsgalopp towards Mautdebakel” on this blog, I cautioned the German Ministry of Justice and Consumer Protection against ignoring the apparent political and legal problems with Germany ratifying the Unified Patent Court Agreement (UPCA) with the same wording as it had before Brexit and before the Federal…

So the consultation of the public by the Boards of Appeal has ended today. It will be interesting to see the results and the impact, if any, they will have on the final wording of Art. 15a EPC. In the meantime, please enjoy these remarkable oral proceedings before the Committee of Labour and Social Matters…

Let’s start with a bit of etymology today. The official translation of “European Patent Office” into German is “Europäisches Patentamt”, the latter obviously being a composite of Patent and Amt.The German word “Amt” is derived from medieval German “ambt” or “ambahte“, which means servant. That is, the prime function of an Amt is to serve…