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BARDEHLE PAGENBERG Partnerschaft mbB
BARDEHLE IP ExpertsEpisodes
BARDEHLE PAGENBERG Partnerschaft mbB
BARDEHLE IP Experts
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Episodes of BARDEHLE IP Experts
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Since the UPC opened its doors about 6 months ago, ordering the inspection of premises and the preservation of evidence has been possible in that new system. This possibility also exists under German national law. But what differences are ther
Since AI-related inventions are more complex than regular CI inventions, more aspects have to be addressed and described in a corresponding invention disclosure report.What should you bear in mind regarding terminology? Why is a differentiati
One of the first decisions of the UPC was rendered by the Local Division of Duesseldorf on June 22, 2023, granting a preliminary injunction to Swiss pedelec manufacturer myStromer. In our latest episode, our attorney-at-law Dr. Michael Kobler w
The development of the UPC is very exciting and still in its early stages. However, certain trends already seem to be robust. So, we have answers to these questions: How does the international panel of judges work? What should you prepare for
The recent decisions G1/22 and G2/22 of the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) will be a game-changer, particularly in opposition proceedings.Which consequences will the "rebuttable presumption" of entitlement
It is a common scenario that a European patent application claims priority of an application that was first been filed in the Unites States.❓Which aspects to bear in mind when drafting a U.S. application that might later be prosecuted in Europ
As collaborations between different companies are increasingly common, the number of joint inventions increases as well. However, a number of legal issues and questions arise when an invention is made by more than one company.Who is allowed t
With the start of the UPC, the file wrapper estoppel became highly relevant, because some UPC member states do recognize the file wrapper estoppel in their legal systems, while others do not.What exactly is the file wrapper estoppel? For whic
Patent rights are territorial, i.e., they only apply in the countries where you've obtained legal protection. How to choose the right countries for patent protection? In our latest episode patent attorney Preston Richard, LL.M. explains how t
AI such as Dall-E or ChatGPT has quickly become part of the every-day lives of many of us.Are AI-based creations eligible for copyright protection? Which stance does European and U.S. copyright law take in this context? Which role do definiti
Alternative dispute resolution (ADR) is gaining momentum and has become a hot topic in the patent field.Which advantages does it offer as compared to traditional court proceedings? What should you bear in mind when conducting mediation or arbi
After the release of the European Commission's amended official draft of the Regulation on Standard Essential Patents, there has been controversial discussion about it in the SEP community. What are the key elements of this draft? Why have the
Prior rights are an exception to the general principle that documents published after the filing date of a patent (application) are not prior art.What qualifies as a prior right? To which jurisdictions to national prior rights apply in case of
The Hague Filings via WIPO are an effective way to obtain international protection for the appearance of your product.How many countries are covered and how high is the degree of international harmonization? Which prominent national particular
Now that the Unified Patent Court is operational, it is high time to ponder efficient defense strategies. In this episode, we explore the prior use right (Article 28 of the UPC Agreement). Which impact does the dynamic reference to applicable
There is a variety of measures to protect trade secrets in UPC proceedings.How can parties exclude confidential pieces of information from public access? What are differences to the protection of trade secrets in German patent litigation proce
As the start of the Unified Patent Court draws ever closer, this week, we share our expectations regarding the German local divisions.Will German local divisions play an important role within the UPC and why? Which conclusions might patentees
This episode of our podcast BARDEHLE IP Experts discusses the award of damages before the UPC: https://bardehle-ip-experts.podigee.io/52-ip-insights-the-composition-of-divisions-at-the-upcWhich alternatives will UPC judges have to award damage
When deciding for or against a Unitary Patent, you should take various factors into consideration, for instance: In which European countries did you validate your patents in the past? How flexible should the geographic scope of protection be? D
On the occasion of the 2023 World IP Day, our partner and attorney-at-law Dr. Tilman Müller and our attorney-at-law Anita Peter spoke to Jane Bu, Senior Director Legal at Via Licensing. They discussed the impact of diversity, accessibility, and
💡With the Unified Patent Court opening its doors on June 1 and the expected leverage of UPC injunctions, it is high time to ponder efficient defense strategies.❓Which approach is the UPC expected to take regarding ex-parte preliminary injunct
Recent developments of the World Wide Web have created the futuristic vision of the metaverse. What exactly is the metaverse? Which impact does it have on claim drafting? And what might litigation regarding infringements in the metaverse look
The sunrise period of the #UnifiedPatentCourt has started, so it is high time to get familiar with all aspects of the new system.❓How patentee friendly will the UPC be in terms of injunctive relief? ❓Which criteria will the Court apply when m
As #StandardEssentialPatents are increasingly litigated in more and more sectors, e.g. the telecommunications, automotive, and IoT industry, we summarize the current SEP and FRAND landscape in Germany and speak about expectations regarding the
Many people are eagerly awaiting the decision of the EPO’s Enlarged Board of Appeal in case G 2/21 on plausibility, which should be rendered in the coming months.But in which contexts is “plausibility” actually relevant for patentability? How
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