Nichtigkeitsverfahren
English translation: nullity procedure/revocation procedure
| 18:17 Feb 24, 2009 |
| German to English translations [PRO] Law/Patents - Patents | |||||||
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|  Selected response from: Marga Shaw United Kingdom Local time: 14:18 | ||||||
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| Summary of answers provided | ||||
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| 3 +4 | nullity procedure/revocation procedure |
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| 5 | nullity proceedings |
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| 4 | nullification proceeding |
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| 3 | action for declaration of nullity |
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| 3 | action for annulment |
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Answers
31 mins confidence: 
action for declaration of nullity Explanation: I'm not an expert in patentese, but here's what I found: Klage auf Erklärung der Nichtigkeit erhoben An action for the declaration of nullity has been brought This link might be helpful: https://dpinfo.dpma.de/hilfe/vstdpat_hilfe_trans.html |
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36 mins confidence:
action for annulment Explanation: G.R. No. L-61113An action for annulment of a patent and for reversion of the land to the State may be filed only by the Solicitor General as provided in Section 101 of Com. ... www.lawphil.net/judjuris/juri1990/feb1990/gr_l_61113_1990.h... Table 3 shows the actual outcomes of opposition and annulment procedures in the case of the 1977 application year cohort. In the sample used here, 8.4 percent of all patents encounter opposition. The annulment procedure (Nichtigkeitsverfahren) occurs at a much lower frequency in 0.3 percent of all cases in which a patent was granted initially. Opposition may be held inadmissible in which case it has no consequences for the patent-holder; it may lead to a restriction of the scope of the patent; or it may lead to the patent being upheld completely. http://emlab.berkeley.edu/users/bhhall/harhoffetal99.pdf -------------------------------------------------- Note added at 1 hr (2009-02-24 19:20:08 GMT) -------------------------------------------------- Cancellation Proceeding Definition: A proceeding before the Trademark Trial and Appeal Board in which The plaintiff seeks to cancel an existing registration of a mark. http://tinyurl.com/cggog8 What is a cancellation proceeding? A cancellation proceeding is initiated by a party who is seeking to use a mark which is currently registered by someone else, or who believes that it is being (or will be) damaged by that registered mark. This proceeding is initiated by the party filing an application with the Trademark Trial and Appeal Board. The Board will then notify the trademark’s owner that a cancellation proceeding had been initiated. A cancellation proceeding is a proceeding between the two parties (the trademark owner and the challenging party) that runs much like an in-court lawsuit. During the course of this proceeding, the parties will exchange evidence regarding their respective trademarks and other issues relevant to the cancellation proceeding. They will ultimately file briefs with the Board, which will review these briefs and make a decision as to whether the trademark should be canceled. If the Board determines that there is a valid ground for cancellation of the mark, the trademark will no longer be registered and the owner will no longer be entitled to exclude others from using the mark under the federal trademark scheme (but there may still be state rights in the mark). http://www.quizlaw.com/trademarks/what_is_a_cancellation_pro... |
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1 hr confidence: peer agreement (net): +4
peer agreement (net): +4nullity procedure/revocation procedure Explanation: Found in: Uexküll/Reich, Wörterbuch der Patentpraxis D/E - E/D: Nichtigkeitsverfahren - nullity procedure, revocation procedure There follow two examples: This site is the official website of the European Patent Office...Appeals procedure vi. Limitation and revocation procedures Art. 105 (a)-(c) www.epo.org/patents/law/legaltexts/html/guiapp1/e/ga_d_vi.h... In a parallel nullity procedure, the patent was fully upheld with respect to its effect in Germany by a final decision of the German Federal Supreme Court ... linux.sys-con.com/node/792157 |
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