Current news

IAM Patent 1000 recommends us:

"Based in Freising, KUHNEN & WACKER provides farsighted, client-focused patent prosecution services to innovators across all sectors, from pharmaceuticals to mechanical engineering. Whether conducting patent searches, portfolio management, due diligence or freedom-to-operate analyses, it operates with percipience and finesse; it also has all the answers to competition law questions. The trusted allies of companies not only from within Germany and Europe, but also from as far afield as Asia and North America, its attorneys regularly collaborate to ensure a perfectly tailored service. Many have hands-on experience as R&D engineers, which means they speak the language of their clients and intimately understand their needs."

See firm profile

WebSeminar “The inescapable trap and triangle of death – The EPC a Bermuda Triangle?” on July 14, 2020

We are pleased to invite you to join our first WebSeminar in cooperation with iam/Lexology on July 14, 2020, titled "The inescapable trap and triangle of death – The EPC a Bermuda Triangle?"

This free-of-charge WebSeminar will provide valuable practical advice of what to observe and take into consideration when filing PCT/EP applications. It will present many specific examples of what pitfalls to avoid and how to minimize hassles regarding formality objections right from the beginning of the drafting process. We will share our practical experience from recent cases with you, with a Q&A section after the presentation. Topics will include:

• Clarity and enabling disclosure
• Avoiding unnecessary limitations in original claims
• How to avoid costs for excess claims
• Advantage of national patent applications

Speakers:
Detlef von Ahsen, KUHNEN & WACKER IP Law Firm
Dr. Michael Zeitler, KUHNEN & WACKER IP Law Firm
Moderator of "iam webinars"

More information here https://www.lexology.com/Events/Details/8030

Please register here for our free WebSeminar.

We look forward to seeing you then!

Can artificial intelligence (AI) be named as inventor?

Some months ago, the European Patent Office (EPO) answered this question negatively by pointing out that inventors can only be natural persons. 

In corresponding US cases, the USPTO now shared the view of the EPO. Read more here.

COVID-19 Update: European Union Intellectual Property Office (EUIPO) dated April 29, 2020

EUIPO further extends all time limits to May 18, 2020.

Please see here for further information.

COVID-19 Update: European Patent Office (EPO) dated May 1, 2020

The European Patent Office (EPO) extends all deadlines that expire on or after March 15, to June 2, 2020. 
Please see here for further information.

COVID-19 Update: European Patent Office (EPO) dated April 16, 2020

The European Patent Office (EPO) extends all deadlines that expire on or after March 15, to May 4, 2020.
Please see here for further information.

INTERNATIONAL PATENT PROSECUTION AND PRACTICE SEMINAR IN CHICAGO

On November 10 and 11, 2020, we will present our Seminar in cooperation with WIPO at UIC John Marshall Law School, Chicago. More details will follow soon.

Unified Patent Court stopped by German Constitutional Court!

On March 20, 2020, the German Federal Constitutional Court (Bundesverfassungsgericht) issued its decision that the Act of Approval to the Agreement on a Unified Patent Court to confer sovereign powers on the Unified Patent Court is void, because - although the Parliament (Bundestag) unanimously approved the Act by the 35 members present - it did not approve the Act with the required "qualified majority" of 2/3 of all members.

Importantly, the Court's decision rejected all other objections to German ratification in the Complaint, saying, in paragraph 91, "Otherwise it [the Complaint] is inadmissible."

A press release summarizing the findings of the court can be found here.

Consequences of this decision:

• The German ratification is still missing and the Unitary Patent and Unified Patent Court system cannot start without it.
• Whether the government is making a new attempt for ratification can currently not be foreseen. Even if the ratification process is started again, it remains uncertain whether it will achieve the required two-thirds majority in both houses - Parliament (Bundestag) and Federal Council (Bundesrat).
• After the UK recently announced that it no longer intends to be part of the Unified Patent Court System, this certainly is a severe setback for the project of the Unified Patent Court and hence the whole Unitary patent system.
• For now, the UP/UPC project is stopped and it is currently not foreseeable for how long.

COVID-19 Update: German PTO (DPMA) dated March 18, 2020

Time limits in all ongoing intellectual property rights procedures which were granted by the German Patent and Trademark Office (DPMA) will be extended until 4 May 2020 and/or decisions will not be taken by then on the basis of the expiry date. No separate notices of the extensions shall be made. In addition, the DPMA will continue to generously determine the deadlines to be set on the official side in line with the situation.

Update regarding COVID-19 and operations at Kuhnen & Wacker

As we continue to monitor the current COVID-19 situation in Germany and globally, we would like to update you on Kuhnen & Wacker operation business.

At the present time, Kuhnen & Wacker is operating business as usual and we will continue to attend to client needs.
Moreover, we have respective contingency plans in place for any disruption that may occur in our firm.

At Kuhnen & Wacker, the health and safety of our staff and their families are our priority, so we have implemented additional measures to help reduce the spread of the virus.
In addition, should any of our staff be required to work remotely, we have a secure IT system in place to ensure business continuity.

Situation with the Patent Offices:

• The European patent office (EPO) announced that time limits expiring on or after March 15, 2020 are extended for all parties and their representatives to 17 April 2020. In accordance with Article 150(2) EPC this applies also for international applications under the PCT. The above period may be further extended by the publication of another notice if the dislocation extends beyond the aforementioned date.
  For more information, please see here. 
• The German Patent and Trademark Office (DPMA) informed recently that in response to the corona situation all time limits set by the Office are generally extendable by request. However, legally determined (statutory) time limits are, in principle, not extendable. However, a Restitution-in-Integrum (Reinstatement) could be requested which is then decided on a case-by-case basis.
  For more information, please see here.
• The EUIPO (European Union Intellectual Property Office responsible for managing the EU trade mark and the registered Community design) has taken a similar measure. The Executive Director of the EUIPO announced that they would be "extending all time limits expiring between 9 March and 30 April, that affect all parties before the Office to 1 May 2020".
  For more information, please see here.