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
Court Of Appeal, July 13, 2026, UPC_CoA_79/2026
The Court of Appeal addresses three consolidated appeals concerning withdrawal procedures and fee reimbursement requests in patent infringement proceedings. TIRU's appeals against VEOLIA PROPRETE, MAGUIN SAS, and VALINEA ENERGIE involve procedural matters related to European Patent EP 3 178 578, raising questions about the application of Rules of Procedure governing appeal withdrawals and cost recovery.
Germany Litigation
BP
Bardehle Pagenberg
Article
Constructing Statistical Models And Performing Data Clustering Applied To Technical Sensor Data: Non-technical
The European Patent Office Board of Appeal examined whether a helicopter maintenance system using data clustering and mission-type modeling could be patented. The case centered on whether abstract statistical modeling methods applied to technical sensor data produce a credible technical effect sufficient to support inventive step under European patent law.
Germany IP
BP
Bardehle Pagenberg
Article
Monitoring A Manufacturing Process In A Textile Plant: Non-Technical
A European patent covering a method for monitoring textile manufacturing processes was revoked after appeal proceedings found that its distinguishing features lacked technical character. The Technical Board of Appeal examined whether data processing steps for predicting manufacturing parameters could contribute to inventive step when their subsequent technical use was not explicitly specified in the claims.
European Union IP
BP
Bardehle Pagenberg
Article
CoA, June 29, 2026, CoA Partially Overturns Broad Evidence Production Order: Limits On Scope Clarified, UPC_CoA_57/2026
The CoA partially overturned a broad evidence production order of the LD Copenhagen and clarified the limits on the scope. The Court of First Instance had ordered Appellant to produce, subject to a penalty payment of up to EUR 1,000 per day of delay, complete construction drawings, manuals and “other materials” provided to customers. Appellant appealed, raising five grounds: disproportionality, lack of evidentiary necessity for process features, fishing expedition / pre-emptive remedies, self-incrimination, and insufficient confidentiality measures.
Germany IP
BP
Bardehle Pagenberg
Article
New EBA Referral G1/26
The Enlarged Board of Appeal will address fundamental questions about how patent claims should be interpreted using the description and drawings, and what this means for assessing whether amendments introduce added subject-matter. Three competing approaches have emerged in Board of Appeal decisions following G 1/24, each leading to different outcomes when determining if claim amendments extend beyond the original application.
Germany IP
CR
Carpmaels & Ransford LLP
Article
LD Mannheim, June 16, 2026, Infringement Action, Counterclaim, UPC_CFI_86/2025
An intangible data stream, like a video bitstream, is a “product” under Art. 25(a) and 25(c) UPCA, allowing direct enforcement of encoding patents against streaming services. There is no relevant difference between data on a physical carrier and data transmitted over a network; the carrier has no technical significance for the data’s use. The bitstream is therefore a product under Art. 25(a) UPCA despite the absence of a data carrier (para. 174).
Germany IP
BP
Bardehle Pagenberg
See more

Latest Videos

See more