MATTHIAS BRUNNER REGISTERED AS AUSTRIAN PATENT ATTORNEY
We are pleased to announce that Dr Matthias Brunner, a graduate of the University of Vienna in the subject of molecular biology, successfully passed the Austrian Patent Attorney Examination in November 2018, following passing the qualifying examination for professional representatives before the European Patent Office in 2017. He is registered in the list of Austrian … >> read more
Rendering of Accounts for Trademark Infringement
A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the running of the bar and all … >> read more
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
EPO Case law: No categorical prohibition of double patenting
Art 125 EPC: It does not seem to be categorically ruled out that there may be a situation in which an applicant has a legitimate interest in the grant of a second patent with the same effective date for the same claimed subject-matter if he already possesses one such granted patent. This would also not … >> read more
Lack of clarity of an auxiliary request
The general admissibility of auxiliary request in appeal proceedings for the purpose of maintaining a limited form of the patent has already been affirmed by the Vienna Appeal Court in 34 R 16/15w, Bodenbearbeitungsgerät. Objections to clarity are not grounds for opposition, but must be examined in opposition proceedings if changes have occurred, for example … >> read more