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G 1/24 - A primer to the upcoming Oral Proceedings
G1/24 is expected to be a landmark decision that will shape the future of claim interpretation at the EPO. The key question is whether description and drawings may be taken into account when interpreting the claims for patentability (Art. 52-57 EPC).
Christmas party at old power station…
On January 17, 2025, HKW rang in the new year in a thermal power plant from the 1960s. After a guided tour of the thermal power plant, which now also houses a furniture store (KARE), we enjoyed ...
Welcome to the Team!
We are excited to have Dr. Mathias Neumüller as a further addition to our talented team of patent attorneys. Mathias recently joined our team, bringing with him an impressive academic background. He holds an M.Phil. in Physics, …
Questions on claim interpretation now referred to Enlarged BoA (G1/24)
T 0439/22 is the BoA case that led to G1/24. Claim 1 comprises a term ("gathered sheet") that has a clear and agreed meaning to the skilled person. However, the description defines the term more broadly. Which understanding is to be used for determining novelty of claim 1? …
Diverging case law when replacing claim 1 in Opposition
According to Rule 43(2) EPC, a European patent application shall not contain more than one independent claim in the same category unless one of three listed conditions are met. Rule 43(2) EPC refers explicitly to a European patent application …
Filing EP Divisionals After the Mention of Grant is Published
When is the last point in time at which you can successfully file a divisional application on an EP application? The common answer is “as long as the application is pending”, which means until the end of the appeal …
Just because it says EPO on the tin doesn't mean it's got EPO inside!
According to recent Federal Court of Justice (BGH) jurisprudence, amendments must be "directly and unambiguously" disclosed. This is also the case in the recent Federal Court of Justice decision …
BGH Decision on Motivation of Inventive Step
In BGH X ZR 19/21 "Vacuum Cleaner," the patent in dispute concerned a vacuum cleaner with a partition wall between a particle collection chamber and a blower chamber, featuring an air guide funnel and an interference protection element. …
German Trademarks vs. EU Trademarks
If you're looking for the best trademark protection in Europe, it's worth considering the benefits of a German trademark in addition to (or even instead of) a EU trademark. While EUTMs provide extensive coverage across the EU …