The Board of Appeal accepted that filing of a criminal complaint for patent infringement could meet the EPC condition of Art. 105 EPC, for intervention that ‘proceedings for infringement´ have been instituted. In the present case, the licensee of the patent raised a criminal complaint (‘Privatanklage’ under Austrian law), requesting a court to institute criminal proceedings on the grounds of patent infringement.
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A summary of this case will be posted on http://www.Kluweriplaw.com
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