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27 Dec 2019, 2:36 am by Thorsten Bausch
Thorsten BauschBy Arianna Bartolini, Charlotte Richards-Taylor and Thorsten Bausch As was rightly noted on this blog, the skilled person’s “hope” of solving the objective technical problem using the means that led to the (later claimed) invention, has disappeared from the Guidelines for Examination. [read post]
7 Jan 2019, 6:21 am by Kluwer Patent blogger
Episodes of last year’s series on the EPO by Thorsten Bausch – top author in the chart – ended as numbers 6, 5 and 2. [read post]
6 Dec 2018, 2:00 am by Thorsten Bausch
Thorsten Bauschby Adam Lacy and Thorsten Bausch As European patent professionals are all too aware, the Boards of Appeal of the EPO (BOA) have a huge amount of power, particularly over the rights of patentees. [read post]
16 Dec 2019, 9:08 am by Thorsten Bausch
Thorsten Bauschby Adam Lacy and Thorsten Bausch As the clock strikes midnight on 31 December 2019, we hope that the new Rules of Procedure of the Boards of Appeal (RPBA) will not be the first thing on our minds. [read post]
24 Feb 2020, 2:36 am by Thorsten Bausch (Hoffmann Eitle)
by Sabine Möhle, Klemens Stratmann and Thorsten Bausch Decision T 1621/16 of Technical Board of Appeal 3.3.06 deals with a patent concerning a liquid hand dishwashing detergent composition. [read post]
29 Jun 2018, 4:00 am by Thorsten Bausch
Thorsten Bausch Have a great weekend, everyone More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € The post Just to mark the occasion… appeared first on Kluwer Patent Blog. [read post]
25 Dec 2019, 3:11 am by Thorsten Bausch
Thorsten Bausch and Marie ThomsonThe appeal on a point of law, for which no leave was granted by the Federal Patent Court, was held admissible, because the grounds of appeal under §100 III 3 and 6 PatG were invoked. [read post]
19 Feb 2019, 10:41 pm by Thorsten Bausch
Thorsten Bausch and Bernd KrögerIf a patent only provides the skilled person with a general scientific explanation as to why the procedure disclosed therein is suitable for the purpose in question and does not disclose a new technical teaching in relation to this purpose, but merely a discovery of biological correlations, then this is insufficient to acknowledge novelty (continuation of BGH, judgment of 9 June 2011 – X ZR 68/08, GRUR 2011, 999 marginal 44 –… [read post]
16 Sep 2016, 4:26 pm by Thorsten Bausch
Thorsten Bausch and Elke PerschHoffmann Eitle A technical teaching making use of a discovery, e.g. of a natural law, for achieving a particular result is patent-eligible, irrespective of whether or not it has an “inventive excess” beyond the purposeful exploitation of the natural law. [read post]
18 Nov 2017, 5:39 am by Thorsten Bausch
Thorsten Bausch and Leona GrossThe Federal Court of Justice held in the present case that it was not relevant whether it is possible to escape a declaration of nullity due to added matter under certain circumstances, as recently affirmed in FCJ X ZR 161/12 Wundbehandlungsvorrichtung, since the subject matter in dispute was directly and unambiguously derivable from the originally filed application. [read post]
26 Jun 2019, 11:02 am by Thorsten Bausch
See WIPO’s Newsletter for more details. by Boris Tchitchanov and Thorsten Bausch More from our authors: Vissers Annotated European Patent Convention by Derk Visser, Laurence Lai, Peter de Lange, Kaisa Suominen€ 105 Patent Law Injunctions by Rafal Sikorski€ 181 [read post]
4 May 2017, 11:12 pm by Kluwer Blogger
” 2) The EPO and the Problem of the Right Speed (I) – Introduction by Thorsten Bausch “How long should proceedings before the EPO ideally take? [read post]
12 Apr 2016, 8:19 am by Kluwer UPC News blogger
Thorsten Bausch of Hoffmann Eitle discussed the choice businesses will have in the future between an EPO opposition procedure versus a UPC revocation action. [read post]
26 Apr 2018, 10:51 am by Thorsten Bausch
Thorsten Bausch…clearly less spectacular than the UK’s ratification of the UPCA, but nevertheless noteworthy and – perhaps! [read post]
16 Dec 2015, 3:38 pm
That the Boards of Appeal had to address the AC directly has been noted also in rather strong terms by the usually rather reserved Kluwer Patent Blog, in an excellent piece by German and European Patent Attorney Thorsten Bausch. [read post]
11 Nov 2011, 2:46 am
Some of those concerns, particularly the cost of the new system, are eloquently expressed in this article from German patent attorney Thorsten Bausch of Hoffmann Eitle, who draws a timely analogy with the current difficulties in the Eurozone. [read post]
8 Nov 2019, 1:22 pm by Kluwer Patent blogger
’ CSC: ‘No contact’ Bausch was certainly not the only one to question the findings of the study. [read post]
12 Sep 2017, 2:01 pm by Kluwer UPC News blogger
As reported earlier by patent attorney Thorsten Bausch on this blog, Stjerna’s claim that the UPCA is unconstitutional is based on four grounds: ‘In terms of substance, plaintiff is essentially asserting a breach of the limits to surrendering sovereignty that are derived from the right to democracy (Art. 38 (1), clause 1, Basic Law). [read post]
18 Sep 2017, 2:42 am
Similar to the point made by Peter Meier-Beck and Thorsten Bausch, Fritz cautioned that one should not “pick and choose” from a prior art reference unless there were good reasons why the skilled person would choose the specific disclosure over another. [read post]