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…

This case concerns the relationship between two co-owners of a patent and in particular the issue of whether and under what conditions one co-owner can claim compensation in respect of the use of the invention by the other co-owner. The FCJ held that an assessment of the potential claim of a co-owner for compensation for…

All Union law arguments against the Unitary Patent system, that are now on the table again because of the German constitutional complaint, have already been rejected in the recent past. Wouter Pors, partner of Bird & Bird, has said this in an interview with Kluwer IP Law. Pors hopes the Federal Constitutional Court (FCC) will…

When will the Unified Patent Court open its doors and the Unitary Patent (UP) become available? The German constitutional complaint against ratification of the Unified Patent Court Agreement (UPCA) has dashed expectations that the UP system could launch at the end of this year. Considerable delays and even the end of the system in its…

European states lack awareness of their obligations under the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights and have established associations such as the EPO and the UPC, without anyone accounting for guarantees with regard to democracy, the rule of law and human rights. Professor Siegfried Broß said this in…

In this case the Federal Court of Justice (FCJ) allowed a compulsory licence under a patent for a pharmaceutical active ingredient for the first time ever. The Court held that a public interest in such a licence may still exist where it concerns only a small group of patients. In particular, the interest may be…

A data sequence can only be regarded as a product directly obtained by a patent-protected process if it has tangible technical properties that are directly imparted on it by this method, and if the data sequence itself can therefore be appropriate subject-matter of a product patent. The representation of an experimental result obtained by a…

The Preparatory Committee of the Unified Patent Court has been making ‘good progress’ regarding the ratification of the UPCA. In an update posted on its website today, the Preparatory Committee announces: ‘We now have 14 full ratifications and more in the pipeline, making it reasonable to expect that we will begin operations with closer to…

In its research concerning the complaint that was filed against ratification of the Unified Patent Court Agreement, the German Federal Constitutional Court (FCC) gave a series of mainly German institutions and associations the opportunity to submit their views. A spokesman of the Court, the Bundesverfassungsgericht, declared in answer to questions of Kluwer IP Law that a…

The Federal Constitutional Court in Germany has started investigating the constitutional complaint that was filed earlier this year against the German ratification of the Unified Patent Court Agreement. As German attorney at law Dr. Ingve Björn Stjerna reported last week, the Court ‘most recently sent the constitutional complaint (earlier reported on by Kluwer IP Law…