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Process patents – paper tigers or effective protective rights?
Thoughts on “sufficient likelihood” in the sense of section 140c PatGAn Article by Dr. Stephan Neuhaus When process patents are infringed, patent owners are often faced with considerable problems of providing proof. Effective enforcement is further impeded by the strict requirements set by case law for inspection proceedings. In order not to let the protection by process patents run empty, a rethinking is necessary with regard to the requirements for “sufficient likelihood”, says Stephan Neuhaus. Are process patents worth the paper? © Ingo Stiller on Unsplash.com In the field of biotechnology and the pharmaceuticals and chemicals industries in particular, innovations in manufacturing processes can trigger significant progress. An innovative manufacturing process can, for instance, significantly increase the yield of a…
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Case note: Düsseldorf Court of Appeals – “Servicemodul” (Decision of 18.01.2021 – 2 W 24/20)
An Article by Prof. Dr. Jochen Bühling With the decision “Servicemodul” of 18 January 2021 (GRUR-RR 2021, 97) the Court of Appeal Düsseldorf continues its case law in connection with the inspection proceedings in patent infringement cases. The decision creates a further building block on procedural measures. At the same time, it provides the parties with valuable instructions regarding litigation and the submission of “excessive information”.