EPO case law: patentability of implants

A device defined by a feature which can only be generated by a surgical or therapeutic step (here: an implantable device for desynchronizing the activity of pathologically active brain areas comprising means for stimulating brain regions) is excluded from patenting under Article 53 (c) EPC. In continuation of T 775/97 (EPO BoA 15 February 2019, … >> read more

14.10.2019

Trade Sectrets and Patent Protection

What is the relationship between trade secrets and patents? Are they mutually exclusive or do they complement each other? Do innovative companies have to decide between trade secrets and patents or is there a possibility to make use of both protection variants? Rainer Beetz deals with these questions on the occasion of the implementation of … >> read more

24.07.2019

EPO case law: Patentability of plants: Implementing Regulations are not EPC-compliant

In decisions G 2/12 and G 2/13, the EBA of the EPO concluded that the scope of application of the term “essentially biological processes for the breeding of plants” in Art 53 lit b EPC is interpreted to the effect that product inventions where the claimed subject-matter is directed to plants or plant material such … >> read more

31.05.2019

New, but obvious delivery form

In the prior art a study is known in which the patented active ingredient (fulvestrant) is already being used to treat breast cancer. Although this study only describes subcutaneous injections, it is logical to use this formulation for intramuscular injections as well. In order to achieve a long-term effect with the treatment with fulvestrant, the … >> read more

04.02.2019

Non-obvious fastening of storage elements of an oven

The main difference between the patent in dispute and the closest prior art is that a convection chamber of the oven according to the invention is formed, on the one hand, by storage elements which are held by means of brackets attached to the outer wall of the combustion chamber and which are in direct … >> read more

24.12.2018
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