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The European Patent Office examines claims not only for novelty and inventive step, but also for clarity. This requirement in particular has become increasingly important in recent years. Patents are being rejected more and more frequently due to a lack of clarity. It is not always clear what is “clear”. For example, is an ISO […]

The scope of protection of a Patents is determined by the claims and their interpretation based on the description. If the claim only defines a function without structure, the description is used to determine the scope of protection under US patent law in accordance with 35 USC 112 para. 6. In a new decision, the

Colored logos are not only very catchy to the eye, but also convey emotions through the chosen colors. Nevertheless, such logos are very often not registered as color trademarks, but only as black and white trademarks. Is the protection of such a registration sufficient to take action against the unlawful use of the actual color

One of the basic requirements for patentability is the technicality of the invention. This is the case if the claimed teaching involves the use of technical devices. Mathematical methods and programs for data processing as such are excluded from protection. In its ruling “Aircraft State”, the Federal Court of Justice now had to assess whether

“Ignorance is no defense against punishment” is a popular saying. And it also applies to the infringement of Patents, Trademarks and Designs. Anyone who infringes an industrial property right is liable for the damage resulting from this infringement, even if they were unaware of the IP Right. A company can therefore not shirk its responsibility

Under continental European law, a person whose rights have been infringed has the right to demand that the infringer cease the unlawful act. Only in very special and practically rare circumstances will the court not issue an injunction. The situation is different in the USA. There, the court must carry out an equity test before

It is often difficult for outsiders to understand why it takes so long for a patent to be granted. When Patent Attorneys talk about 3 to 7 years, they are met with a lack of understanding. In view of the speed with which products have to be developed and brought to market nowadays, the patent

Developing products that are patentable and therefore promise above-average returns is not a matter of luck. Rather, it is a matter of applying the right system to the development work. What is important here? How can an SME achieve success with its limited resources? With his book “Creating innovations and protecting them under patent law”,

Anyone who supplies a device that performs a patented process to a third party without the right to use it can be held liable for induced infringement. Liability depends on the supplier knowing about the patent and being aware that the use of the device leads to a patent infringement. Is it possible to defend

Abstract color marks are considered particularly desirable because the color itself is protected, so that the use of the mark does not depend on a specific graphic form. How broad is the protection actually in practice? In the dispute “Langenscheidt v. Rosetta/Stone”, the German Federal Court of Justice (BGH) assessed the scope of protection of