Germany: Patent

Subscribe
Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Determining A Resource Allocation For Controlling A Facility’s Equipment: Non-technical
The European Patent Office's Technical Board of Appeal examined whether an energy optimization system for facilities participating in capacity market programs involves patentable technical features. The Board considered whether optimizing resource allocation based on dispatch probability, raw baselines, and CMP-specific constraints constitutes technical innovation or merely financial optimization driven by contractual obligations and profit maximization.
Germany IP
BP
Bardehle Pagenberg
Article
CoA, June 2, 2026, Appeal Judgment In Infringement Action And Counterclaim For Revocation, UPC_CoA_312/2025 Et Al
[5] Art. 34 UPCA states that “Decisions of the Court shall cover, in the case of a European patent, the territory of those Contracting Member States for which the European patent has effect”. It is not meant to confine the UPC’s jurisdiction to its own territory. Art. 34 UPCA clarifies that as a rule – unless a more limited scope is requested (cf Art. 43, 76 UPCA) – decisions of the UPC shall cover the territory of all Contracting Member States where a European patent has effect.
Germany IP
BP
Bardehle Pagenberg
Article
G1/26 – A New Enlarged Board Referral Questions Whether Claims Should Be Interpreted Differently When Considering Patentability And Added Subject Matter.
The European Patent Office's Enlarged Board of Appeal faces a new referral, G1/26, questioning how patent claim descriptions should be interpreted when assessing added matter requirements. This follows closely on the heels of G1/24, which addressed claim interpretation for patentability issues, and could fundamentally reshape the EPO's approach to determining whether amendments to patents have proper basis in original applications.
Germany IP
HL
HGF Ltd
Article
CoA, May 19, 2026, Order On Request For A Discretionary Review, UPC-CoA-67/2026
When deciding whether to allow a discretionary review, the Court of Appeal must consider whether the impugned order of the Court of First Instance is manifestly erroneous and whether the impugned order raises a fundamental question of law and its review is necessary to ensure a consistent application and interpretation of the Rules of Procedure or any other objective of the discretionary review (CoA, UPC_CoA_489/2024, order of 6 September 2024, Motorola v. Ericsson, para. 4; UPC_CoA_805/2025, order of 1 September 2025, Centripetal v. Keysight, paras. 8 and 11)
Germany IP
BP
Bardehle Pagenberg
See more

Latest Videos

See more