EPO Case law: Expert evidence from former BoA members

Art 117 EPC: Expert evidence should assist the BoA in matters which lie outside the expertise of its members. An expert opinion of a former board member, which was submitted as expert evidence with regard to the application of Art 76(1) EPC to the facts at issue, cannot, however, add any evidential value to the … >> read more

17.12.2018

Christmas donation 2018

Our Christmas donation 2018 was given to “Barmherzige Schwestern” and “DEBRA Austria”. Since 170 years, the Barmherzigen Schwestern have been nurturing and accompanying sick and elderly people, following the Vincentian mission, conscious of the spirituality and tradition of the religious order. As a self-help organization, DEBRA Austria has set itself the goal of providing competent … >> read more

07.12.2018

Supreme Court examines patent case concerning limitation period

The general limitation period for juridical actions in Austria is 30 years. However, particular laws can stipulate shorter or longer limitation periods. For example, for claims in patent infringement cases, the limitation period is generally three years. This period begins from the time when knowledge of the infringement and the infringing person is obtained. In … >> read more

14.09.2018

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
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