The appeal on a point of law, for which no leave was granted by the Federal Patent Court, was held admissible, because the grounds of appeal under §100 III 3 and 6 PatG were invoked. However, it was unsuccessful on the merits, since the deficiencies asserted by the patentee – namely that the decision was based on a violation of their right to be heard and lacked sufficient reasoning – were not present.
Case date: 07 May 2019
Case number: X ZB 15/17
Court: Federal Court of Justice of Germany
A full summary of this case has been published on Kluwer IP Law.