In 2020 Grünecker, Hoffmann Eitle, Dehns, Marks and Clerk and Vossius and Partner were the numbers 1 to 5 of a list based on the number of issued B1 patents where these firms were listed as the address for service on the EPO register. Company inhouse departments are included in the chart; Siemens has the…
In an open letter to EPO president António Campinos, trade union SUEPO has called for an execution of the recent judgments of the Administrative Tribunal of the International Labour Organization (ILOAT) concerning restrictions on the right to strike at the EPO. In a series of judgments the ILOAT ruled that the legal framework which was…
On 1 June 2021, the Amended Patent Law took effect and introduced patent term extension (“PTE“) and patent linkage (“PL“), which are closely related to the pharmaceutical industry. The legislative amendment reflects China’s determination to promote the research and development of innovative drugs in the pharmaceutical industry. The China National Intellectual Property Administration (“CNIPA“), the…
Legal basis The legal basis for compulsory licenses under Singapore patent law is the Patents Act under Chapter 221, Part XI, Section 55 (Patents Act). As of January 1, 2020, Singapore changed its patent system and applications are now required to go through local substantive examination prior to issuance. Requirements for obtaining a Compulsory License…
In its much-awaited decision in case G 1/21, the Enlarged Board of Appeal (EBA) of the EPO has evaded to answer the high-profile question whether videoconferencing against the will of (one of) the parties is compatible with the right to oral proceedings. Last March (case T 1807/15), a technical board of the EPO had referred the…
According to established case law, it is sufficient for the realization of a feature containing an indication of purpose if the device protected is suitable for use for the purpose mentioned due to its structural design. In the case of a feature that is claimed in a generalized form, the patent specification does not have…
Eight years (!) after complaints of dozens of EPO staff members against the way they were treated after having participated in strikes, a final decision in their cases is finally there: former EPO president Benoit Battistelli abused his power in various ways when and after implementing new rules in July 2013 to restrict the rights…
Legal Basis The legal basis for compulsory licensing in Russia flows from Articles 1360 and 1362 of the Civil Code of the Russian Federation (Civil Code). Article 1360 of the Civil Code allows the Russian Government to grant permission to the use of a patented invention in the interest of defense and national security. Such…
After a delay of almost four years, the route to German ratification of the Unified Patent Court Agreement has been reopened by the decision of the Federal Constitutional Court of 23 June 2021, which was published yesterday. The FCC’s rejection of two applications for an interim injunction against the UPCA ratification bills means the German…
Two applications for preliminary injunctions against German ratification of the Unified Patent Court Agreement have been rejected. The German Federal Constitutional Court has announced this in a press release. “Order of 23 June 2021 2 BvR 2216/20, 2 BvR 2217/20 In an order published today, the Second Senate of the Federal Constitutional Court rejected two…
