EPO case law: Interpretation of purposes in method claims

In the context of a method it is important to differentiate between different types of stated purpose, namely those that define the application or use of a method, and those that define an effect arising from the steps of the method. Where the stated purpose defines the specific application of the method, in fact it … >> read more

29.08.2018

Change of the start of the 10-year term of protection of Austrian trade mark applications

As a result of the implementation of some provisions of the European Trade Mark Directive (https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32015L2436&from=DE), Sec 19 Austrian Trade and Service Marks Law (MSchG), according to which the 10 years of protection are to be calculated from the end of the month in which the trade mark was registered, was amended accordingly. Starting with … >> read more

02.08.2018

EPO case law: Requirements regarding public prior use

According to the decision in G 1/92 of the EBA, the chemical composition of a product belongs to the state of the art if the product itself is accessible to the public and can be analysed and reproduced by a person skilled in the art. Point 1.4 of the reasons for the decision of this … >> read more

01.08.2018
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