Decision of the Enlarged Board on the Patentability of the WARF/Thomson Stem Cell Application
A method which necessarily involves the destruction of a human embryo is excluded from patentability, even if this step is not part of the claims. (December 2008)

Christmas donation 2008
Our Christmas donation 2008 was given to "Rote Nasen" (Red Noses Clowndoctors), "Menschen für Menschen" and "St. Anna Kinderkrebsforschung" (Children's Cancer Research Institute) (December 2008)

The former Yugoslav Republic of Macedonia accedes to the European Patent Convention
On 28 October 2009, the Government of the former Yugoslav Republic of Macedonia (MK) deposited its instrument of accession to the European Patent Convention (EPC). (November 2008)

Community Trade Mark Courts; Relationship CTM – earlier Domain Name
The mere registration of the domain name does not constitute a prohibition right. (August 2008)

15 July 2008: First Decision of the Enlarged Board of Appeal of the European Patent Office to a Petition for Review according to Art. 112a EPC
Under EPC 2000 (in force since 13 December 2008) it is for the first time possible for the Enlarged Board of Appeal ("EBA") to correct decisions of Appeal Boards which have been based on essential procedural errors (Art. 112a EPC). (July 2008)

Wrong Interpretation of Community Law by the Austrian Supreme Court
Claimant not liable for damages

The Austrian Supreme Court clarified recently that the claimant is not liable for damages in case that a previously granted interim injunction appears to be unjustified in view of a later decision by the ECJ. (May 2008)


"Once per day, prior to sleep"
With its decision of 22 April 2008, the 3.3.02. Board of Appeal referred questions on patenting medicaments to the Enlarged Board of Appeal of the EPO. (May 2008)

U-turn of the Austrian Supreme Court: no more cancellation of a domain registration due to trade mark infringement.
In a recent judgment the Supreme Court made a sharp U-turn with respect to its former judgments by declaring that the entitlement to destruction based on the Austrian Trade Mark Act does not automatically lead to a title for cancellation of a infringing domain registration. (March 2008)

Bad Faith in Trade Mark Law – The Battle about the "Golden Rabbit"
The Austrian Supreme Court (OGH) has requested a new preliminary ruling from the European Court of Justice (ECJ) regarding the three-dimensional trade mark of a sitting golden chocolate rabbit. (February 2008)

Two new decisions on swiss-type claims
In a first decision the Austrian Supreme Patent and Trademark Senate (ASPTS) found that in a declaratory action concerning the non-infringement of a patent the existing right (patent) as de-fined in the register shall form the basis for the proceedings. The second decision concerned the issue of claim construction. (January 2008)

NEWS
08/2010
Acquiescence
» more
08/2010
Line between patent-protectable new medical indications and ineffective dietary supplements
» more
08/2010
Serbia accedes to the European Patent Convention
» more
 
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