SONN Patentanwälte – IP Attorneys

Also the deletion of a claim constitutes an amendment

The principle according to which any amendments to a party’s appeal case made after notification of a summons to oral proceedings shall not be taken into account (unless the party concerned has shown valid reasons that there are exceptional circumstances) also applies to the mere deletion of a claim...

Examination of the admissibility of the objection may be subject to the prohibition of reformatio in peius

If the opponent is the sole appellant against an interlocutory decision maintaining a patent in amended form, an objection of the patent proprietor (as respondent) related to the inadmissibility of the opposition is subject to the principle of the prohibition of reformatio in peius. In such a procedural...

Is the underside of a bicycle saddle visible during normal use?

Component parts of complex products are also amenable to design protection, provided that they are visible during normal use (in German, the expression “intended use” is used) and the visible features meet the requirements of novelty and individual character. In some cases, however, it may be unclear...

On the obviousness of non-technical features

According to the Comvik approach, the non-technical features of a claim may be incorporated into a goal to be achieved in a non-technical field. Subsequently, the approach invokes what might be described as the legal fiction that this goal, including the claimed non-technical features, would be presented...

How the Big Mac was saved

In quite a remarkable decision of 2019, the Cancellation Division of the EUIPO had revoked one of McDonald's best-known trademarks, the BIG MAC, for reasons of non-use.The trademark BIG MAC had previously been registered with the EUIPO for various food products in Classes 29 and 30, including sandwiches...

Unitary Patent and Unified Patent Court to launch on 1 June 2023

After many delays, the launch date for the long-awaited European Unitary Patent system is finally set. According to a press release from the German Federal Ministry of Justice, Germany has ratified the Agreement on a Unified Patent Court (UPCA) on 17 February 2023. This ratification triggers the entry...

Christmas donation 2022

Our Christmas donation 2022 was given to "Haus der Barmherzigkeit" and “Leukämiehilfe Österreich”.The "Haus der Barmherzigkeit" offers long-term care with quality of life to people in need of care. Geriatric residents are cared for in nursing hospitals and homes in Vienna and Lower Austria. In addition,...

Launch of Unitary Patent and the Unified Patent Court delayed

The roadmap published by the Unified Patent Court (UPC) for the entry into force of the Agreement on a Unified Patent Court (UPCA) has been delayed. According to a new announcement, the start date will be postponed from 1 April 2023 to 1 June 2023, with the additional time needed for preparations related...

Late request for non-admission of means of evidence

A request for non-admission of a particular document, which was first made at the oral proceedings before the Board of Appeal, may constitute an amendment of the submission, the admissibility of which must in turn be examined under Art 13 par 2 RPBA (EPO Board of Appeal 2 February, 2022, T 755/16).

Opponent in appeal procedures not limited to matters raised by itself

Art 12 Par 2 of the Rules of Procedure of the Boards of Appeal (RPBA) does not contain any restriction according to which each party may only refer in the appeal to those matters of the preliminary proceedings which it has itself "admissibly raised" there. Therefore, it appears legitimate to refer as...