MODERN IP LAW ENACTED

10/01/2017

A post-grant opposition system being introduced, validity of granted patents can now be challenged through a central procedure similar to the opposition proceedings as applicable under the EPC.

The unexamined patent granting procedure is abolished. Therefore, no grant decision is to be taken by the patent granting authority without carrying out substantive patentability examination.

Second medical use claims will still be protected only through the nationalization procedure under the EPC. In particular, Art. 54(5) EPC has no reflection at all in the new law.

Utility models are now granted subject to prior art search by which novelty requirement is examined. Newly introduced post-grant opposition procedure is not to be applicable for granted utility models.

Protection in the field of biotechnological inventions is limited to microbiological products in contrast to the EPC and EU Directive 98/44/EC.

International exhaustion recognized.

More legal remedies in case of non-observance of certain time limits.