HICKORY, N.C. (BUSINESS WIRE) CommScope, a global leader in infrastructure solutions for communications networks, filed an additional patent infringement lawsuit in Germany against SOLiD, a.
Деревенские жители построили таможню на границе Баварии и Гессена (фото) | Информация о Германии и советы туристам | DW dw.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from dw.com Daily Mail and Mail on Sunday newspapers.
Introduction
Is an animated lung on the display of a ventilator machine merely an unpatentable display of information or a technical feature that can provide an inventive step? For the first time, the Federal Supreme Court recently addressed the issue of whether such graphical user interfaces can be technical and affirmed a Federal Patent Court s decision.(1)
The courts holdings are in line with the case law of the European Patent Office s boards of appeal and lay out the requirements that can render the display of information for technical purposes under the European Patent Convention (EPC).
Facts
In this case going back to 2017, the Federal Patent Court prohibited imtmedical AG (IMT, which has since been acquired by Vyaire Medical) from trading certain ventilating machines because they infringed Hamilton Medical AG s Swiss designation of the EP 1 984 805 B1 patent. IMT appealed to the Federal Supreme Court, claiming, among other things, that:
Changes
The introduction of fully fledged patent examination proceedings including examination of novelty and inventive step.
The introduction of a new utility model (unexamined on the merits and with a 10-year term).
Post-grant opposition proceedings for all patents that also include the alleged lack of novelty and inventive step.
Administrative cancellation proceedings against utility models, which can be initiated at any time, even after nine months from the grant.
The possibility of appeal proceedings before the Federal Administrative Court in examination proceedings; judges with technical expertise may be appointed.
As mentioned above, the most important proposed innovation is the introduction of a national patent based on a fully fledged patent examination by the Intellectual Property Institute (IPI). Under current law, the IPI carries out only a limited examination of national patent applications dealing only with the technical character of the claimed invention, suffici
Does Switzerland need a new patent system with a fully examined patent, utility models and opposition proceedings? lexology.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from lexology.com Daily Mail and Mail on Sunday newspapers.