DE- Nabenschaltung II (internal gear hub II), infringement proceedings, German Federal Supreme Court, 18 March 2010, Docket No. Xa ZR 74/09
According to Art. II § 3 1st paragraph IntPatÜG a translation of a European patent has to be provided to the German Patent and Trademark Office within 3-months of the publication of the grant of the European patent if the latter was not published in German language; this paragraph is applicable to European patents of which the publication of the grant was published between June 1, 1992 and April 30, 2008.
The Federal Supreme Court ruled that a translation of a European patent which was filed to meet the requirements of Art. II § 3 1st paragraph IntPatÜG and which exhibits omissions does not result in this European Patent having no effect for the territory of the Federal Republic of Germany according to Art. II § 3 2nd paragraph IntPatÜG: the latter paragraph is not applicable since any omissions are to be classified as mistakes of the translation and therefore do not lead to a missing translation in the sense of Art. II § 3 2nd paragraph IntPatÜG.
Read the decision (in German) here.
According to Art. II § 3 1st paragraph IntPatÜG a translation of a European patent has to be provided to the German Patent and Trademark Office within 3-months of the publication of the grant of the European patent if the latter was not published in German language; this paragraph is applicable to European patents of which the publication of the grant was published between June 1, 1992 and April 30, 2008.
The Federal Supreme Court ruled that a translation of a European patent which was filed to meet the requirements of Art. II § 3 1st paragraph IntPatÜG and which exhibits omissions does not result in this European Patent having no effect for the territory of the Federal Republic of Germany according to Art. II § 3 2nd paragraph IntPatÜG: the latter paragraph is not applicable since any omissions are to be classified as mistakes of the translation and therefore do not lead to a missing translation in the sense of Art. II § 3 2nd paragraph IntPatÜG.
Read the decision (in German) here.
Head note: Tilman Müller-Stoy
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