Decision Keyword:
Plastic bag
Law applied:
ZPO § 543 para. 2
IntPatÜbkG Art. II § 5 para. 1
EPC Art. 60 para. 1 sentence 2
EGBGB Art. 30
BGB §§ 823 para. 2, 249 para. 1, § 242
Patent Act § 140b
Summary:
1. A limited admission of the appeal requires that the affected part of the matter in dispute can be assessed independently of the rest of the matter in dispute in factual and legal terms and that, even in the event of a referral back, no contradiction to the decision on the other parts of the matter in dispute can arise (confirmation of BGH, judgment of March 16, 2017 - I ZR 39/15, GRUR 2017, 702 marginal no. 17 - PC mit Festplatte; decision of December 16, 2021 - I ZR 186/20, marginal no. 16 [not in MMR 2022, 773]).
2. The question of whether an employee can demand from his employer the transfer of rights from a patent application or from a granted patent on the basis of a service invention is to be assessed uniformly for all parts of a European patent in accordance with the law of the state which is decisive for the employment contract.
3. The obligation to pay damages due to an unauthorized application for a patent includes the surrender of the profit made from the unauthorized use of the invention for the period from the publication of the notice of grant of the patent.
4. The assessment underlying Section 140b PatG cannot be transferred to a claim for accounting for the use of an invention for which a patent application was wrongly filed.
Federal Supreme Court (BGH), Judgment of 14 November 2023 - X ZR 75/21 -
Download Judgment (machine translation)
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