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EPO practice: Relevance of a Product-by-Process Definition in a Process Claim?

November 15 2018 The decision of the Boards of Appeal T0642/14 of May 7, 2018 gave some clarification and explanations as to the significance of product-by-process…

German Supreme Court (BGH) decides on the lack of enablement of an open-ended range claim in the decision X ZR 32/17

July 30 2019 The European Patent Office (EPO) has developed a standing practice with regard to the enablement requirements (Art. 83 EPC) with regard to claims…

New Decisions of the Board of Appeal of the EPO with Regard to Inventive Step, Especially Selection of the Closest Prior Art

July 2 2018 It is well known to the patent practitioner that the smart choice of the closest prior art has a big impact on the assessment of the presence of an…

Last Minute Filings of Documents via Facsimile

September 5 2019 In this recent Board of Appeal (EPO) decision T 0858/18 (https://www.EPO.org/law-practice/case-law-appeals/recent/t180858eu1.html), the Board decided…

CJEU: Reputation of Older Trademark and Impact on Similarity of Trademarks

October 12 2020 In its decision of June 11, 2020 (C-115/19 - China Construction Bank / EUIPO) the CJEU explicitly acknowledged that the similarity of the confronted…

Newsfeed for Registered Design Filers in the EU, No. 1 DAS System Available at EUIPO Since September 12, 2020

October 6 2020 EUIPO joined the WIPO Digital Access Service (DAS) system on July 11, 2020. As of that day, it is possible to claim the priority of an EU RCD without…

International Trademark Registration Newsfeed for Practitioners, No. 25 Madrid agreement: jointly owned IR mark with different entitlements of the parties

September 21 2020 Joint ownership of IR mark applications is possible, provided that the basic application or the basic registration is also jointly owned by the same…

International Trademark Registration Newsfeed for Practitioners, No. 24 No Immediate Notifications on Oppositions from the Brazil Trademark Office

August 24 2020 Brazil is one of the three countries (together with Mexico and Turkey) whose office notifies a provisional refusal based on oppositions only…

International Trademark Registration Newsfeed for Practitioners, No. 23 BREXIT: First Details of EU Designations Covering the UK

July 31 2020 The UKIPO released the first details how to deal with EU designations of an IR mark after the transition period, i.e. after January 1, 2021. Similar…