EPO case law: Transfer of partial priorities

In connection with generic “OR” claims within the meaning of the decision on partial priorities G 1/15, the right of a partial priority can be transferred independently of the generic priority right. However, such a transfer implies that the remaining generic priority right is limited. The applicant of the first application cannot transfer such a partial … >> read more

19.04.2019

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

04.03.2019

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

11.02.2019

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

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

28.01.2019
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