We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-10 of 30

The Need for Comprehensive Defense of European Union Trademarks against Third Parties’ Use
  • Mitscherlich PartmbB
  • European Union
  • December 6 2018

According to a recent judgment of the General Court of the European Union (GCEU), a European Union Trade Mark has to be revoked in its entirety


Refilling as Trademark Infringement
  • Mitscherlich PartmbB
  • Germany
  • November 29 2018

According to a recent judgment of the German Federal Supreme Court, refilling of commercial towel dispensers with third party paper towels will often


EPO practice: Relevance of a Product-by-Process Definition in a Process Claim?
  • Mitscherlich PartmbB
  • European Union
  • November 15 2018

The decision of the Boards of Appeal T064214 of May 7, 2018 gave some clarification and explanations as to the significance of product-by-process


General Court Delivers Another Painful Blow Against 3D Marks
  • Mitscherlich PartmbB
  • European Union
  • September 28 2018

It is difficult to obtain trade mark protection for sign consisting of a product's shape. According to a brand-new judgment of the General Court of


Checklist: Enablement Requirements for Parameter Patents at the EPO
  • Mitscherlich PartmbB
  • European Union
  • August 29 2018

Parameters, i.e. New medical values or ranges, are typical limiting features of claims. In the following guidance shall be given as how to avoid


EPO’s BoAs Clarify Double Patenting Prohibition Doctrine and the Differences Between “The Matter for Which Protection is Sought” and “The Extent of the Protection Conferred by a European Patent”
  • Mitscherlich PartmbB
  • European Union
  • August 23 2018

In the decision T256311 the Boards of Appeal of the European patent had to deal with a divisional application


Regional Court of Hamburg Confirms Effective Enforcement of Patents at German Trade Fairs
  • Mitscherlich PartmbB
  • Germany
  • July 25 2018

The presentation of products at German trade fairs constitutes an “offer” that the owner of pertinent patent rights can attack before the German


The Value of Foreign Company Name Elements in German Trademark Litigation
  • Mitscherlich PartmbB
  • Germany
  • July 17 2018

Foreign company name elements constitute a very valuable tool against third parties’ use of similar


Office Practice - Enablement Requirment For EP Patents - What if the Claim Covers Non-Working Examples?
  • Mitscherlich PartmbB
  • European Union
  • July 9 2018

It is certainly a not so rare scenario that especially in life science or chemistry a broadly worded claim


New Decisions of the Board of Appeal of the EPO with Regard to Inventive Step, Especially Selection of the Closest Prior Art
  • Mitscherlich PartmbB
  • European Union
  • 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