Klunker (Staging)

After the USA changed its patent law in 2013, the First Filing Principle applies practically all over the world. This means that if two inventors invent the same thing independently of each other, the patent is granted to the person who filed their invention with the office first. The date of invention is irrelevant. If […]

New, promising products are often copied by competitors shortly after their market launch. In such cases, it is important to act quickly and decisively. Injunctions can be used to efficiently prevent major damage before lengthy proceedings are initiated. If a wasp suddenly circles annoyingly around your plate while you are enjoying your meal on the

Anyone who wants to combat patent infringements efficiently tries to enforce their rights with a temporary injunction.When is the urgency requirement fulfilled according to the jurisprudence of the Federal Patent Court of Switzerland? And when has the applicant forfeited his right to urgency? On September 13, 2018, CSEM Centre Suisse d’Electronique et de Microtechnique SA

Every innovation builds on the shoulders of what already exists. Developers usually observe the market and then search for promising opportunities for improvement. Increasingly, attempts are also being made to use the patent literature for new ideas. How can and should you use the patent literature for your own Patent Application? Innovations very often arise

The damage caused by a patent infringement is usually difficult to prove. It is therefore also accepted in the USA to assume a hypothetical license negotiation (license analogy). This raises two important questions: How is the added value caused by the invention to be determined? To what is the license rate related? The CAFC ruling

China wants to become an innovation-based nation. IP Rights, especially Patents and Utility Models, are of great importance for this goal. However, in order for patent law to fulfill its function, it is important that uniform criteria regarding Protectability and infringement are applied. At present, first-instance judgments in patent disputes and the like can be

Trademark protection is essential nowadays. However, many people are not aware of the possibilities offered by modern trademark law. As a company, the aim is to be remembered by customers with an independent Brand Identity. The appearance is basically the result of a complex interplay of keywords, stories, images, colors and characteristic product shapes, sales

In Germany, too, it has become established to assess the inventive step on the basis of the problem-solution approach. Advantages of the invention on the one hand and disadvantages of the prior art on the other play a central role. It is assumed that the person skilled in the art wishes to avoid known disadvantages.

Like most other countries, Japanese patent law recognizes the absolute novelty requirement. This means that even prior publication by the inventor can be detrimental to novelty. To prevent this from becoming a trap for inventors who are inexperienced with patents, there is a grace period. If a patent application is filed for the invention before

Broad claims must be supported by a representative number of examples. The skilled person should be able to carry out the invention on the priority date. Evidence to show whether the skilled person could carry out the invention based on the prior art must predate the priority date. A US court of first instance had