Best Lawyers 2022 – BOEHMERT & BOEHMERT honoured with 25 lawyers for the first time

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No less than 25 BOEHMERT & BOEHMERT patent attorneys and attorneys-at-law have been singled out and honoured as “Best Lawyers 2022” in the current ranking of the US-American trade publication “Best Lawyer”. For the first time, Felix Hermann and Dr. Stefan Schohe received this recognition.

In detail the following lawyers were awarded:

Christian W. Appelt, Munich, Intellectual Property Law (with specific focus on Patent)

Dr. Björn Bahlmann, Frankfurt/Main, Intellectual Property Law

Dr. Thomas Bittner, Berlin, Intellectual Property Law

Dr. Rudolf Böckenholt, Bremen, Intellectual Property Law

Dr. Andreas Dustmann, Berlin, Intellectual Property Law

Dr. Markus Engelhard, Munich, Intellectual Property Law

Dr. Sebastian Engels, Berlin, Intellectual Property Law

Silke Freund, Munich, Media and Copyright Law

Prof. Dr. Heinz Goddar, Munich, Intellectual Property Law (with specific focus on Patent)

Peter Gross, Munich, Intellectual Property Law

Dr. Carl-Richard Haarmann, Munich, Intellectual Property Law

Felix Hermann, Munich, Patent Law

Dr. Ute Kilger, Berlin, Biotechnology Law

Dr. Ludwig Kouker, Bremen, Intellectual Property Law

Dr. David Kuttenkeuler, Munich, Intellectual Property Law

Dr.-Ing. Uwe Manasse, Bremen, Intellectual Property Law

Dr. Julia Müller, Berlin, Intellectual Property Law

Malte Nentwig, Bremen, Intellectual Property Law

Dr. Eckhard Ratjen, Bremen, Intellectual Property Law

Dr. Michael Rüberg, Munich, Intellectual Property Law

Dr. Martin Schaefer, Berlin, Entertainment Law and Intellectual Property Law

Dr. Sebastian Schlegel, Berlin, Intellectual Property Law

Dr. Stefan Schohe, Munich, Patent Law

Dr. Florian Schwab, Munich, Intellectual Property Law

Dr. Martin Wirtz, Berlin, Intellectual Property Law

“Best Lawyers” uses the peer review process to select the award-winning lawyers. The ratings are based on survey results of leading lawyers of a geographical area as well as a defined legal practice area. The ranking of the US publishing house is also published annually in the Handelsblatt, but under the current year’s number.

The list of “Best Lawyers” by BOEHMERT & BOEHMERT can be accessed here!

BOEHMERT & BOEHMERT congratulates on the successful completion of the European Qualifying Examination

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COVID-19 presents us all with great challenges on a daily basis. Therefore, the performances of our young patent attorneys, who passed the European Qualifying Examination under pandemic conditions, deserve all the more respect.

In future, Simon Cornet, Dr. Hanno Flentje, Dr. Lara Gwinner, Dr. Laura Haas, Dr. Lennart-Knud Liefeith, Dr. Michael Rübsamen, Paul Schieler and Dr. Sebastian Schlegel will be entitled to use the title “European Patent Attorney”.

The BOEHMERT & BOEHMERT team would like to congratulate them on this extraordinary achievement. We are proud of our successful young professionals!

New Regulations for applications with the Chinese Patent Office (CNIPA)

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On October 17, 2020, the government of the People‘s Republic of China approved the fourth amendment to the Chinese Patent law (CPL), which has far reaching consequences for the quality of patent applications at the Chinese Patent Office (CNIPA). Chinese Patent law covers design applications as well as patents, utility models and aspects of trademark law.

Most relevant amendments to the Chinese patent law concern the term of protection for designs (see our separate article on the new Chinese patent law here) as well as higher maximum charges for remuneration in cases of infringement and cases of the attempt to file an application without adhering to common standards of patent filing practice which do not comply with the expectations of the Chinese government.

In brief, the most relevant changes in force from June 1, 2021 are the following:

  • Scope of protection and term of protection for designs
    The term of protection for designs (design patents) is prolonged from ten to a maximum of 15 years from the date of filing (Art. 42 CPL). The definition of designs  CPL in Art. 2will also cover partial designs as long as they describe parts of products.
  • Chinese priority for designs
    Design applications filed at the CNIPA can from now on, according to article 29 CPL and art. 30 CPL take priority from other applications filed with the CNIPA, designs as well as patents or utility models.
  • Quality control
    Art. 3 CPL asks for stricter quality control of applications filed with the CNIPA, as incentives by the Chinese government to file applications had recently effectuated a considerable amount of applications of little quality, which hindered the fair and free exchange of ideas for technical innovations.
  • Prolongation of protection in case of delayed examination
  • Higher compensation and disclosure requirement for defendants Maximum compensation for patent infringement is increased from 1 to 5 million RMB (630.000 Euro); in addition to that, significant punitive damages will be introduced. Defendants will have to face disclosure requirement for the estimation of damage calculation and the production of necessary proof if asked to by the court. Limitation period for claims for damages is increased to three years, in accordance with Chinese civil law.
  • Grace period
    The newly amended Chinese Patent Law introduces in art. 24 CPL a grace period of  six months. This amendment was introduced with respect to recent events in reaction to the global pandemic COVID-19.

In case of more than four years from the filing date or three years from the request for substantive examination compensation by way of prolongation of the term of protection will be possible. However, this will only be possible on request and for patents only.

Also visit the following link: https://english.cnipa.gov.cn/

Financial Times 2021: BOEHMERT & BOEHMERT again awarded as “Europe’s Leading Patent Law Firm”

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The Financial Times once again ranks BOEHMERT & BOEHMERT as one of the leading patent law firms in Europe in 2021.

The firm is recommended for all six categories: Silver in “Mechanical Engineering” and “Electrical Engineering” and Bronze in “IT & Software”, “Materials & Nanotechnology”, “Chemistry & Pharmaceuticals” and “Biotechnology & Food”.

The current listing of the Financial Times includes 168 law firms for services around patent prosecution and patent strategy consultation. More than 10,000 patent attorneys and clients were asked for their recommendations between 8 February and 19 March 2021. The assessments of more than 3,200 participants were taken into account for the evaluations.

Design applications in China from June 1, 2021 onwards

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From June 1, 2021 onwards, design applications in China will be subject to the new Chinese patent law. From this date onwards, design applications at the Chinese Patent Office will also be possible for parts of designs. This new possibility is one of the most important aspects of the newly reformed Chinese patent law, as it harmonizes Chinese design regulations with European and US design law as well as the international practice of design registrations.

Protection of parts of designs was up to now, unlike the usual international practice, not possible. In the past, Chinese patent law only allowed the registration of designs as whole entities in connection with usable and purchasable products. The current reform of the Chinese patent law with regard to design applications is hence a most welcome harmonization with European and international standards. It remains to be seen if drawings according to these standards will be equally accepted by the CNIPA.

Another important novelty in view of the international protection of designs is the fact that the term of protection is prolonged from previously 10 to now 15 years. Which is, of course, most welcome but still 10 years less than the maximum protection of designs at the European Union Intellectual Property Office.

Also visit the following link: https://english.cnipa.gov.cn/