Part II (- sorry, this will be a bit longer, but a lot has accumulated recently…) How does the EPO in 2018 fare with regard to the criterion “expert, well supported and motivated staff”? To what extent is it already reality, and to what “vision” in the sense of fancy? In my personal view, it…

Part I – Introduction The word “vision” has a couple of fascinatingly different meanings. There is a famous saying by Helmut Schmidt, Germany’s chancellor from 1974-1982, who recommended to anyone proclaiming that he/she had a vision to see a doctor. According to wiktionary, vision may mean: 1. The sense or ability of sight. 2. Something…

The Federal Court of Justice held that a patent application is to be rejected if its subject-matter extends beyond the content of the application as originally filed and if this deficiency has not been rectified by the applicant upon request by the examiner (following FCJ X ZB 17/73 Regelventil). The incorporation of a feature according…

The Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently affirmed in FCJ X ZR 161/12 Wundbehandlungsvorrichtung, since the subject matter in dispute was directly and unambiguously derivable from the originally…