Monday, April 22, 2013

New Skilled Person is New Matter

The German Bundesgerichtshof has added a new mosaic tile to the new case-law on late filing in the 2nd instance patent nullity proceedings (see earlier post here for some background).The contested patent related to heating mats for use in underfloor heatings and the German Patent Court had identified a mechanical engineer with university degree (Diplomingenieur) and experience in the development of heating mats as the relevant person skilled in the art.In the appeal, the patentee  argued that the person skilled in the art should be a craftsman experienced in laying the mats rather than the engineer. No reasons justifying the late submission were given.The Bundesgerichtshof rejected this argument as being late under the new procedural rules (and, besides of being late, as incorrect).This hints towards a strict application of the new rules and this blogger finds this decision surprising because the assessment of the inventive step including identification of the relevant skilled person is traditionally considered a question of law and not a question of fact in Germany.  Questions of law should not be considered late-filed.The full text of the decision can be found here (in German). Michael Thesen

New Skilled Person is New Matter Images

Skills Matter mobile industry experts will run two master classes on ...
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... new career, it’s always a good idea to continuously learn new skills
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practice and the honing of skills in order to improve. And no matter ...
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Vertical Blinds, Venetian Blinds, Free Delivery UK
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