Limitation of claims and the assumption of validity
In proceedings for preliminary injunctions claimants recently try to rely on amended claims which are – as opposed to the granted claims – limited based on a disclosure only included in the specification. Is such a limitation of the claims allowable and in the affirmative should in these cases the legal assumption of the validity … >> read more
01.05.2010
KEYWORDS
- action for a negative declaration
- amendments
- author
- bad faith
- bifurcation
- business identifier
- cancellation
- change of calculation of protection term
- claim amendment
- claim for damages
- community law
- comparative advertising
- design
- designation of origin
- disclaimer
- distinctive character
- EPC
- fees
- infringement
- internet publications
- inventive step
- Know-how
- license
- likelihood of confusion
- limitation
- limitation of trade mark
- limitation period
- medical use
- miscellaneous
- national law
- notice of opposition against trade mark
- nullity
- opposition
- overall impression
- patent
- patent infringement
- patentability
- priority
- renewal
- right to a name
- right to be heard
- right to recall
- service invention
- SPC
- state of the art
- Supreme Court
- trade mark
- trade mark law
- trade secrets
- unfair competition
- use
- utility model