The worldwide filing of PCT patent applications reached a record high in 2018. For the first time, more than half of the PCT patent applications were filed with WIPO from Asia, mainly from China and Japan.
The German Patent and Trade Mark Office published statistics on AI patent applications in Germany on the occasion of its annual DPMA User Forum conference. The analysis of the last five years shows that the USA are by far leading, Germany is still in the midfield, and China tripled its patent applications in DE during
While a patent application is pending in the appeal instance, a declaration of division of the application is to be made exclusively to the BPatG, not to the DPMA. There is also no absolutely definable time limit for the division of the application, the BPatG ruled in two lead decisions.
As a result of an effective waiver of appeal, a decision to grant a patent application in Germany becomes final before the expiry of the one-month appeal period. In this case, however, a division of the application is no longer possible, the BPatG ruled.
Nullity actions are brought against patent and trademark registrations, ranging from patent protection for branded drugs, indistinguishable color marks to protection determining technical functions. The costs of the action for annulment are initially borne by the plaintiff. But what happens if there are several
Japan is now extending its grace period for patent applicants in Japan: instead of the previous 6 months, 12 months may have passed between the first disclosure of the invention and the patent application.
When is an invention new? Often even a small change decides whether a technical use can be improved. The European Patent Office recently defined the requirements for novelty of a patent claim.