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Second law on the modernization of patent law passed

Second law on the modernization of patent law passed

On June 10, 2021, the German Federal Cabinet approved the draft of a second law for the “simplification and modernization” of patent law. Among other things, the bill provides for an amendment to Section 139 of the Patent Act, which governs the right to injunctive relief by the patent proprietor in the event of patent…

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RKW-Seminars on patent law and other property rights

RKW-Seminars on patent law and other property rights

Patent attorney Gerd Stötter – partner in our patent law firm – is a regular lecturer at RKW Campus. The next seminar will take place on 15.10.2021 in Chemnitz. A basic knowledge of patents and other intellectual property rights is indispensable if a company develops new products or brings them to market. Otherwise there is…

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Attention in case of claiming a priority of a previous application by only some of the previous applicants

Attention in case of claiming a priority of a previous application by only some of the previous applicants

The Board of Appeal of the European Patent Office (EPO) has commented on this in its decision T 844/18 (Crispr/Cas) and continues its previous line: For an effective claim of priority of an earlier application (with several applicants) by only some of the applicants of this earlier application in the form of a subsequent application,…

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Protection of know-how and trade secrets in the company

Protection of know-how and trade secrets in the company

On April 26, 2019, the German Act on the Protection of Trade Secrets (GeschGehG) came into force. The law is based on the EU know-how Directive 2016/943 of 08.06.2016. The law strengthens the protection of trade secrets. A very important innovation, however, is that “appropriate secrecy measures” must be taken to ensure that know-how actually…

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WIPO Proof – digital preservation of evidence for your know-how – will be discontinued on 31.01.2022

WIPO Proof – digital preservation of evidence for your know-how – will be discontinued on 31.01.2022

Since the end of May 2020, the WIPO Proof tool has made it possible to create forgery-proof evidence that can be used to prove the existence of your intellectual property in the form of a digital file at a given time without having to publish it. This proof is based on a uniquely generated and…

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Patentability of plants and animals at the European Patent Office – the decision G 3/19 “Pepper

Patentability of plants and animals at the European Patent Office – the decision G 3/19 “Pepper

In its decision G 3/19 “Pepper” of 14 May 2020, the Enlarged Board of Appeal of the European Patent Office decided that European patents will no longer be granted on plants and animals exclusively obtained by means of an essentially biological process (such as breeding and crossing). This is a remarkable departure from its own…

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Using the corona crisis as an opportunity for realignment

Using the corona crisis as an opportunity for realignment

The corona pandemic has a strong impact on economic processes and is leading to a recognisable recession. Governments are currently offering assistance in the form of loans and short-time working to ensure the liquidity of the affected companies. Due to the decline in sales, many companies are forced to budget heavily for their expenditures in…

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Effects of Brexit on European intellectual property rights in the UK

Effects of Brexit on European intellectual property rights in the UK

The United Kingdom’s withdrawal from the EU (Brexit) took place on 31 January 2020, which in part has implications on property rights. Patents With regard to European patents, nothing changes, since the United Kingdom remains a member of the European Patent Convention, which is not Union law but an international treaty to which, for example,…

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Corona regulations of the patent and trade mark offices (as of 22.10.2021)

Corona regulations of the patent and trade mark offices (as of 22.10.2021)

In connection with the spread of COVID-19, the offices have issued corresponding regulations. German Patent and Trade Mark Office (DPMA) Time limits set by the DPMA in ongoing proceedings (e.g. for responses to office actions) had been extended until 4 May 2020. Time limits set by law (e.g. filing of translations, payment of fees including…

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