Newsletter

- G 1/23: New referral questions on public accessibility to the Enlarged Board of Appeal of the EPO
- News from the Unitary Patent System
- Numerous publications from the EPG
- EU Commission plans drastic expansion of the competences of the EUIPO in the patent area (FRAND and SPCs) as well as regulation regarding compulsory licenses

- Decision G 2/21 on plausibility: Enlarged Board of Appeal acknowledges different thresholds for inventive step and enablement with regard to post-filing data
- First findings on the opt-out

- The Federal Court of Justice on the question of the defendant’s duty to cooperate and on exhaustion-“CQJ Bericht II”
- BGH on recoverable costs “Kosten des Patentanwalts VII” - also discussion of ECJ C-531/20 “NovaText”

- Germany ratifies the UPC - unitary patent system starts on June 1, 2023
- The return of the BIG MAC
- What is sufficient in Germany to interrupt the estoppel period in the case of forfeiture? - BGH HEITEC III- The Federal Court of Justice on the examination of nullity actions – Verbindungselement

- Federal Constitutional Court rejects appeals concerning the European Patent Office
- The Federal Court of Justice on the examination of nullity actions – Verbindungselement

- Unitary patent system to arrive on June 1, 2023
- The Federal Court of Justice on Spare Parts – Scheibenbremse II

- Unitary patent system: list of judges published, start date announced for April 1, 2023
- European Patent Office: Montenegro is 39th member state of the EPC, 10-day rule apparently to be abolished

- News from the Unitary Patent System - Rules of Procedure adopted
- BGH on the question of the meaning of features - „Verbundelement”
- BGH on the question of implied confidientiality - „Oberflächenbeschichtung“

- World Trade Organization decides to restrict patents on CoVid-19 vaccines
- BGH (again) on the issue concerning submissions in nullity appeal proceedings “Fahrerlose Transporteinrichtung”

- DPMA allows delayed grant to benefit from double protection
- FCJ decision „Windturbinenschaufelmontage“ concerning the possibilities of further submissions in nullity appeal proceedings
- FCJ decision „Aminosäureproduktion“ concerning the right to sue