As was rightly noted on this blog, the skilled person’s “hope” of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the Guidelines for Examination. What we are left with is the (perhaps) more objective “expectation of some improvement or advantage (see T/83)”. Interestingly, this expectation…
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…
As the clock strikes midnight on 31 December 2019, we hope that the new Rules of Procedure of the Boards of Appeal (RPBA) will not be the first thing on our minds. Nevertheless, the beginning of this new decade will mark the entry into force of these new rules, which look set to have a…
“Alle Jahre wieder” (Every year) is the title of one of the most popular German Christmas songs. And alle Jahre wieder / every year there is advent time, which seems to be the perfect time for the invocation of the immediately imminent advent of the Unified Patent Court (UPC). MIP made the start with its…
Traveling back from an interesting and lively VPP meeting on a train at dawn through beautiful, lonesome parts of Germany, full of large forests hosting mythical creatures that made it into the fairy tales of the Grimm Brothers, I felt somehow elated. So let me use this momentum to refresh our spirits by debunking three…
A range of values limited only in one direction can be sufficiently disclosed if the invention is not limited to a certain range, but includes a generalizable teaching which goes beyond that and enables the person skilled in the art for the first time to search for further possibilities for improvement and to exceed the…
Times where a lot is written about matters of constitutional law are not necessarily good times. When the wheels of a state or state-like organization engage smoothly with each other and when separation of powers, rule of law and checks and balances are considered as self-evident and given, there is no particular need to spend…
By Thomas Becher, German and European Patent Attorney, Hoffmann Eitle From a first read, Decision T 1731/12 may have a tremendous impact on the patenting of medical devices at the European patent office. The EPO itself seems to attach quite some importance to the decision because it has provided an official headnote which serves to summarize…
One of the worst nightmares or, in a few cases, real events in a patent professional’s life is when he/she realizes that an important term has inadvertently been missed and the usual means of term extension are no longer available. What then? Will the hardship of the applicable European or national statute inevitably hit you?…
As of 1 July 2019, Rule 69.1(a) PCT will be amended to provide for the International Preliminary Examining Authority to start the international preliminary examination upon receipt of the demand, instead of waiting until the expiration of the applicable time limit for filing a demand. This means that applicants will no longer need to expressly…
