Maiwald Blog

Maiwald blog articles

EPO, G 1/21: Exclusion of the Chairman and One Other Member From the Enlarged Board of Appeal

In the pending referral to the Enlarged Board of Appeal of the EPO (EBA), G 1/21, an objection under Art. 24(3) EPC (i.e. suspected partiality) was raised against the Chairman...

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EPO: No Backdoor Entry for New Third Party Observations in Appeal Proceedings; T 2255/15

In the recent appeal proceedings T 2255/15 before the European Patent Office´s Boards of Appeal, third party observations (TPO) were submitted only during the appeal stage. T...

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Difficulties in Resolving a Patent Dispute – Declaratory Judgment Action on the Existence or Non-existence of a Licence Agreement

Frequently, national or cross-border patent infringement disputes end with the conclusion of a licence agreement. The Regional Court of Munich I (in the follwoing “the Court...

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On the Draft of the New Supply Chain Law: More Protection of Human Rights but More Obligations for Companies

Published on 15 February 2021 following an agreement between the Ministry of Economy and the Ministry of Labour, it was adopted by the Federal Cabinet on 3 March 2021: the dra...

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Permissible Amendment of the Action During Appeal and Obligation to Bear Costs in the Event of Equivalent Patent Infringement Despite Winning the Case

As the Düsseldorf Higher Regional Court has stated in a recent decision (decision of March 18, 2021 - 2 U 18/19) in accordance with its previous ruling practice, there are no...

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EPA: Videoconferencing at the EPO – Springboard Into a Digital Age

“The question of which communication channels people trust more in the case of inconsistent messages was investigated in a number of studies conducted by the Iranian-Ame...

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