Patent Law
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Patents as a “Public Good”?
The COVID-19 pandemic has renewed calls in the public debate for government recourse to patents. Prof. Dr. Jan Busche and Lars Wasnick examine the conditions under which state intervention in exisiting patent law is possible.
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SEPs in the supply and exploitation chain [GER ONLY]
The two authors Dr. Wolfgang Kellenter and Axel Verhauwen gave a presentation at the 19th Düsseldorfer Patentrechtstage on March 25, 2021. The topic concerned SEPs in the supply and exploitation chain. Already at the Düsseldorfer Patentrechtstage of 2018, both authors had given a related presentation on the topic "The Antitrust License Objection under FRAND Principles".
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Highlights of recent case law of the Federal Patent Court [GER ONLY]
The case law of the Federal Patent Court, its "perennial favorites" and more recent developments are examined by Thomas Voit in a summary overview.
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Process patents – paper tigers or effective protective rights?
Thoughts on “sufficient likelihood” in the sense of section 140c PatGAn Article by Dr. Stephan Neuhaus When process patents are infringed, patent owners are often faced with considerable problems of providing proof. Effective enforcement is further impeded by the strict requirements set by case law for inspection proceedings. In order not to let the protection by process patents run empty, a rethinking is necessary with regard to the requirements for “sufficient likelihood”, says Stephan Neuhaus. Are process patents worth the paper? © Ingo Stiller on Unsplash.com In the field of biotechnology and the pharmaceuticals and chemicals industries in particular, innovations in manufacturing processes can trigger significant progress. An innovative manufacturing process can, for instance, significantly increase the yield of a…
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Novel Patent Law in China – New Patent Infringement Risks and Forum Shopping Options? [GER ONLY]
An Article by Prof. Dr. Nils Heide A new patent law will soon be in force in the People’s Republic of China. Nils Heide provides an overview of the 4th amendment to the Chinese Patent Law and particularly relevant provisions.
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Case note: Higher Regional Court Düsseldorf – “Infusionsvorrichtung” (Decision of 08.04.2021 – 2 U 41/20)
An Article by Dr. Benjamin Pesch On the limitation of functional interpretation by cited prior art.
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Case note: Düsseldorf Court of Appeals – “Servicemodul” (Decision of 18.01.2021 – 2 W 24/20)
An Article by Prof. Dr. Jochen Bühling With the decision “Servicemodul” of 18 January 2021 (GRUR-RR 2021, 97) the Court of Appeal Düsseldorf continues its case law in connection with the inspection proceedings in patent infringement cases. The decision creates a further building block on procedural measures. At the same time, it provides the parties with valuable instructions regarding litigation and the submission of “excessive information”.
