Monday 28 March 2011

The EPO's Competent Opinion Of Considerable Weight - Walzenformgebungsmaschine

According to the decision Xa ZB 10/09 "Walzenformgebungsmaschine", the german patent courts have to pay attention to decisions issued by the EPO or by other national courts relating to essentially the same questions as "competent opinions of considerable weight". Although the decisions are of course not binding, the duty to observe such decision results, according to the German Federal Supreme court, from the public interst in an application of law which should be as uniform as possible.

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