Maiwald

Maiwald appoints managing partners

Maiwald appoints Martina Boidol, Dr. Anja Fux, and Sebastian Herzog as managing partners

Turn one into several – what Rule 80 EPC says about using several independent claims to defend one i

The Board of Appeal of the EPO has issued two decisions concerning appeal cases T 0123/22 and T 1191/22, which relate to the interpretation of Rule 80 EPC. The fundamental question at issue was whether an independent claim for maintaining the patent in a restricted form may be replaced by several in

EPO Board of Appeal is setting the right standard for acknowledging novelty of non-medical use claim

EPO Board of Appeal 3.3.04 is setting the right standard for acknowledging novelty of non-medical use claims (T 1913/21)

EPO revokes Roche’s Patent on combination therapy of bevacizumab and paclitaxel for platinum-resista

European Patent EP 2 825 558 concerns a combination therapy of bevacizumab and paclitaxel for platinum-resistant ovarian cancer. The claim was supported by Phase III AURELIA clinical trial results disclosed in the Patent.

UPDATE: New proceedings before the Enlarged Board of Appeal: “G2/24 – Skin cleanser”

UPDATE: New proceedings before the Enlarged Board of Appeal: “G2/24 – Skin cleanser”

Maiwald appoints Dr. Lukas Delvos and Dr. Jian Sun as Counsel

Effective January 1, 2025, Maiwald, one of Germany’s leading intellectual property law firms, appointed two new Counsel, Dr. Lukas Delvos and Dr. Jian Sun. Lukas Delvos until recently held the position of a senior associate at Maiwald, and Jian Sun the position of associate.

New referral to the Enlarged Board of Appeal – continuation of the appeal by intervener – T1286/23

In the opposition appeal proceedings “T1286/23”, which we had already reported on “here”, the interlocutory decision of the responsible Board of Appeal 3.2.4 has now been issued.

Equivalent infringement in different European jurisdictions

As part of our regular internal legal seminars, Dr. Wilhelm Eger held a talk on current developments in infringement under the doctrine of equivalency in various European legal systems. The talk addressed differences and similarities as well as the way in which numbers and measurements are handled.

Implementation of the Pharmaceutical Strategy for Europe and the IP Action Plan Pt.3

The first two articles in this three-part series deal with document protection and the planned changes to supplementary protection certificates for medicinal products. This article deals with the so-called Roche-Bolar rule.

Implementation of the Pharmaceutical Strategy for Europe and the IP Action Plan Pt.2

Part 2: In addition to the Pharmaceutical strategy for Europe[1], the European Commission adopted a new Action Plan for Intellectual Property[2] in November 2020, which is intended to support companies in protecting their intellectual property and envisaged to contribute to promoting the use of inte

Implementation of the Pharmaceutical Strategy for Europe and the IP Action Plan Pt. 1

Part 1: Back in November 2020, the European Commission proposed a new Pharmaceutical Strategy for Europe which aims at ensuring the quality and safety of medicines while strengthening the sector’s global competitiveness.

Revision of G3/04? – Discussion on the continuation of the appeal by intervener

In opposition appeal proceedings “T1286/23.3.2.04”, Board 3.2.4 intends to deviate from decision G 3/04 and thus raises the prospect of a corresponding question being referred to the Enlarged Board of Appeal.

Dr. Michaela Weigel-Krusemarck on current developments in formal priority law

In the course of our regular internal attorney seminar, Dr. Michaela Weigel-Krusemarck gave a presentation on current developments on the formal priority. The focus was on the consolidated decisions G 1/22 and G 2/22 of the Enlarged Board of Appeal of the EPO.

Quality Dashboard of the EPO – useful for applicants?

A few days ago, the European Patent Office (EPO) started publishing quality indicators on a specially created quality dashboard (see: https://www.epo.org/en/about-us/services-and-activities/quality/quality-dashboard ). These quality indicators come in addition to the quality reports that the EPO has

European Parliament Supports Use of Some Plants Generated By New Genomic Techniques

European Parliament Supports Use of Some Plants Generated By New Genomic Techniques (NGT) But Opposes Patents for all NGT Plants

Determining the value in dispute in patent nullity proceedings

Determining the value in dispute in patent nullity proceedings if the pharmaceutical product in question does not make use of the teaching of the contested patent – Value in Dispute V

News on EU Pharmaceutical and Medical Devices Laws

With the so-called Pharmaceutical Strategy, the EU Commission in parts fundamentally amends the legislation on pharmaceuticals for use in humans.

Maiwald appoints Dr. Michaela Weigel-Krusemarck and Dr. Andreas Eisele as partners

Maiwald, one of Germany's leading intellectual property law firms, has appointed patent attorneys Dr. Michaela Weigel-Krusemarck and Dr. Andreas Eisele as partners with effect from July 1, 2024.

Maiwald appoints Dr. Sun Jin Lee, Sebastian Herzog und Dr. Tobias Philipp as partners

Maiwald is pleased to announce the appointment of Dr. Sun Jin Lee, Sebastian Herzog und Dr. Tobias Philipp as partners. They will take up their new roles at the start of the new year. With these new appointments Maiwald has further strengthened its team at partner level in the growth segments pharma

Dr Isabel Tomerius joins Maiwald as Partner

Patent attorney Dr Isabel Tomerius joined Maiwald GmbH, one of Germany’s leading IP law firms, as partner with effect from October 1, 2023. Dr Tomerius is a specialist in the fields of chemistry and biochemistry, laboratory and medical technology, life science, mechanics and optics. She will be base

Maiwald appoints Martina Boidol as partner

Maiwald, one of Germany’s leading IP law firms, has appointed Martina Boidol as partner with effect from 1 July 2023.

To use or not to use – the nuisance of repeated trademark filings

The so-called grace period for use in the EU Trademark Regulation is intended to give applicants the opportunity to protect their trademark and thus an important marketing tool before the product is firmly established on the market.

FCJ: Current decisions on cease-and-desist declarations according to "Hamburger Brauch" - Part 2

In its judgment of 1 December 2022 (Case No. I ZR 144/21), the FCJ clarified firstly that the delivery of a cease-and-desist declaration with penalty clause can also be made after a second infringement by means of a contractual penalty promise in accordance with the so-called "Hamburg custom", and s

FCJ: Current decisions on the cease-and-desist declaration according to “Hamburger Brauch” (“Hamburg

In its ruling of October 27, 2022 (Case No. I ZR 141/21), the German Federal Court of Justice (FCJ) made it clear that the regular limitation period in a claim for payment of a contractual penalty under the so-called “Hamburg custom” does not begin until the creditor has determined the specific amou

Smack for Amazon (Judgement of the court (Grand Chamber) of December 22, 2022)

So far, Amazon has been able to claim that infringements of intellectual property rights committed on its platform are not attributable to it and that, if these are deleted after notification, Amazon is fulfilling its obligation. The EJC has made a decision in this regard.

No use as trademark in a company’s own customer loyalty system

According to a decision of the OLG Nuremberg, the use of a sign for a company’s own customer loyalty system does not constitute use as a trademark, unlike in the case of a cross-company customer loyalty system (OLG Nuremberg, decision of September 26, 2022, 3 U 1101/22).

Parallel import of pharmaceuticals: ECJ strengthens rights of trademark owners

On 17 November 2022, the ECJ in its cases C-253/20 and C-254/20[1] addressed the question of whether and under what conditions a parallel importer may import and market under the trademark of the reference drug a generic drug that is identical in all respects to the reference drug.

European Patent Office: Oral proceedings via video conference become standard

On 22 November 2022, a decision by the President of the European Patent Office (EPO) was issued that from January 1, 2023, onwards oral proceedings before the first instance (including opposition proceedings) will by default be held via video conference. It will still be permissible for the members

No trademark infringement by model designation even in case of double identity

If the question in infringement cases is usually whether the opposing goods and signs are similar, claims by the trademark owner can, however, also fail at an earlier stage, namely regarding the question of use as a trademark (OLG Düsseldorf, judgment of June 2, 2022, I-20 U 282/20 - FSP).

New timetable for the UPC: launch planned for 1 April 2023

On 6 October 2022, the Preparatory team for the Unified Patent Court announced an updated and detailed implementation timetable until the entry into force of the Agreement on a Unified Patent Court (UPCA). Thus, there are increasing indications that the UPC can be expected to become operational soon