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No obligation to transfer right to the employee-inventor after expiry of the three-month period under Section 16 (2) ArbEG

11. January 2022

Back to overview If an employer wishes to abandon an patent application filed on a service invention, he must transfer the right to the employee and inventor at the request of the latter.  The employer is entitled to abandon the right unless the employee requests the transfer of the right …

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BGH confirms possibility of a partial judgment in an nullity action with several plaintiffs

18. December 2021

Back to overview In patent nullity proceedings, there is a necessary joinder of parties within between several plaintiffs, because the decision against each plaintiff must in principle be issued uniformly (BGH, judgment of October 27, 2015 – X ZR 11/13. – Fugenband).  The BGH has now ruled in the decision …

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T 116/18 – Referral to the EBA relating to the use of post-published evidence – Plausibility

15. December 2021

Back to overview The technical effect of certain features in a claim is a cornerstone in the assessment of inventive step, in particular if it turns out to be surprising.  However, it is sometimes under dispute to what extend the technical effect is caused by the feature in question or …

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No obligation to transfer right to the employee-inventor after expiry of the three-month period under Section 16 (2) ArbEG

11. January 2022

Back to overview If an employer wishes to abandon an patent application filed on a service invention, he must transfer the right to the employee and inventor at the request of the latter.  The employer is entitled to abandon the right unless the employee requests the transfer of the right …

Read more

BGH confirms possibility of a partial judgment in an nullity action with several plaintiffs

18. December 2021

Back to overview In patent nullity proceedings, there is a necessary joinder of parties within between several plaintiffs, because the decision against each plaintiff must in principle be issued uniformly (BGH, judgment of October 27, 2015 – X ZR 11/13. – Fugenband).  The BGH has now ruled in the decision …

Read more

T 116/18 – Referral to the EBA relating to the use of post-published evidence – Plausibility

15. December 2021

Back to overview The technical effect of certain features in a claim is a cornerstone in the assessment of inventive step, in particular if it turns out to be surprising.  However, it is sometimes under dispute to what extend the technical effect is caused by the feature in question or …

Read more

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