What can people, in particular citizens of Munich and Bavaria, do if they feel that elementary constitutional rights are infringed, not somewhere abroad and far away, but literally next door, at the Isar river banks or in the Pschorrhöfe building? Unfortunately, this is no rhetorical question. If such things happen in the jurisdiction of German…

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…

In a recent judgment rendered by the Danish Maritime and Commercial Court between Coloplast A/S (Coloplast) and Hollister Incorporated (Hollister), the Court considered whether or not Coloplast was the co-inventor (and co-owner) of a patent application filed by Hollister. In 2011, Hollister filed its European patent application EP 11175010.5 regarding a catheter package and the…

Anyone who ends up litigating in Spain, be it as complainant or as a defendant, should be wary of the rigidity of Spanish patent litigation. Unlike in other jurisdictions, where the parties enjoy leeway to fine-tune their initial positions down the road, according to Spain’s Civil Procedure Act, the initial statements made by the parties…

Over the last few decades, the United States has been incrementally harmonizing its patent law with the rest of the world.  Those efforts continued with the signing of the America Invents Act (“AIA”) in 2011.  For example, the AIA created a first inventor-to-file patent system, while all but eliminating the best mode requirement. One area…

One of the drawbacks of a fragmented patent litigation system in Europe is the existence of contradictory judgments on exactly the same question from Courts of different European countries. The most recent example of this anomaly can be found in the different conclusions reached by a Spanish Court and, a few weeks later, by an…

The European Patent Office has been established by an international agreement, the European Patent Convention. All functioning patent systems that I am aware of are based on a structural principle that is basically simple: There is a patent office that receives and examines patent applications and grants patents for those that satisfy the requirements of…