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Publications 2011

September 2011: Recent decision by the Federal German Supreme Court on the interpretation of claims in litigation proceedings (X ZR 16/09 – “Okklusionsvorrichtung” – Occluding device)

Legal context According to the European Patent Convention, Article 69(1), the extent of the protection conferred by a European patent shall be determined by the claims. Nevertheless, the description and drawings shall be used to interpret the claims. Further, in German case law in litigation proceedings a...
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July 2011 : How to avoid delayed prosecution of Euro-PCT applications following the extension of the time limit under Rule 161(1) or (2) and 162 EPC to six months

Rule 161 EPC was introduced by the European Patent Office (EPO) in the attempt to accelerate the prosecution of Euro-PCT applications in the early stage. For applications where the EPO acted as International Searching Authority (ISA), Rule 161(1) EPC requires the applicant to respond early in the proceedings to any...
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May 2011 : Recent decision by the Federal German Patent Court: GPTO must accept faulty or incomplete German translations of German patent applications filed in a foreign language (10 W (pat) 10/08 – “Umschalter”)

Legal context Applications for a German patent or utility model do not necessarily have to be filed in German. Indeed, the German Patent and Trademark Office (GPTO) accepts such applications in any language provided the applicant files a German translation thereof within three months from the filing date. If no German...
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May 2011 : New developments for domain name registrations in France

The French legislation dated March 22, 2011 implementing EU regulations relating to electronic communications has amended the legal frame work of domain names in France. I- As from December 31, 2011, the registration of domain names in France will be opened to companies having their head office or principal establishment...
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April 2011 : Amendments of Rules of the European Patent Convention (EPC) relating to the time limit for amending claims or commenting on the written opinion of the ISA on entry into the European phase of a PCT Application (Rule 161 EPC)

1. In cases where the European Patent Office (EPO) has acted as International Search Authority (ISA) or International Preliminary Examining Authority (IPEA), the applicant is invited by a communication under Rule 161 EPC to correct deficiencies noted in the Written Opinion of the ISA, the International Preliminary Examination...
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