NEWS & EVENTS

11. March 2022

NEWS

EPO News – Fee Increases & Possibillity of Requesting a Delay in Issuing the Decision to Grant a European Patent

As of 01 April 2022, official fees to be paid to the EPO will increase on average by approx. 3%. Some of the most common fees will change as follows.

A detailed summary of all fees can be found under the following official EPO Link. Generally, the EPO moderately increases the office fees every two years – and this year is no exception.

In other news, the Unitary Patent is gradually gaining momentum. The ratification deposited by Austria in January means that the Provisional Application Period has started and that the Unified Patent Court has officially come into existence. Possibly starting in summer 2022, it will be possible to bring pending EP applications under the jurisdiction of the new court and obtain a patent with unitary effect.

But whether or not this is advisable for you and your clients depends on multiple factors. In order to facilitate your decision making and shape a new IP strategy, we have gathered all relevant information and will be hosting a virtual UPC roadshow led by our European Litigation Team (Dr Matthias Stolmár, Andreas Noack and Denise Nestle-Nguyen, who all hold a certificate in European Patent Litigation from University of Strassbourg/CEIPI). Please contact us at info@stolmar-ip.com if you are interested in getting a personalized presentation on the UPC system.

If you have any questions about the soon-to-be-available Unitary Patent and its litigation or about EPO procedures and their costs in general please do not hesitate to contact us.

Stolmár & Partner

We help businesses to solve big problems from concept to courtroom.

23. February 2022

NEWS

Stolmár & Partner now cooperates with Steinbeis Transfer Centre Technology-Organisation-Personnel TOP

With WIPANO funding, innovative German SMEs can gain a competitive edge by helping them protect their IP. When it comes to the sometimes quite complicated application process for WIPANO funding, Steinbeis is a competent partner.

Steinbeis is one of the world's most successful German network in the field of knowledge and technology transfer. In the network of around 1,100 transfer companies, 6,000 experts contribute their know-how. Especially in the south of Germany, the heart of the automotive industry and medical technology, Steinbeis has been an established service provider for years.

Within the new synergistic cooperation the Steinbeis Transfer Centre Technology-Organisation-Personnel TOP of Mr. Hans-Jörg Bley, MBA takes over the application management and Stolmár & Partner the IP management. In this way, together we make it possible to obtain effective IP protection extremely cost-effectively. This gives you more time and money to concentrate on developing your valuable inventions.

If you would like to learn more about the possibilities, we look forward to hearing from you.

Stolmár & Partner

We help businesses to solve big problems from concept to courtroom.

31. January 2022

NEWS

Stolmár and Partner is excited to announce that Dr. Wolfgang Losert has joined the firm as Of Counsel

“We are thrilled to welcome Wolfgang Losert as important addition to our firm as we continue to grow our team of talented attorneys to enhance the depth and range of intellectual property law services for our clients. This is a big development, strengthening considerably our firm’s chemistry team “, said Dr. Matthias Stolmár, managing partner of Stolmár & Partner. 

Wolfgang looks back on long and successful career as IP in-House counsel for various chemical companies. He retired last year after having served nearly 20 years as Global Head of Patents and Scientific Services at Merck KGaA Germany. Holding a PhD in chemistry, he now supports Dr. Matthias Stolmár and Dr. Wolfgang Bauer not only in complex prosecution and opposition cases but also in high-calibre litigation. This step will allow us to offer a greater array of services to our clients especially in the field of IP management, strategic IP counseling and IP monetization.

Another addition to our team this year is Elisa Hirtreiter. As attorney-at-law, she will support our team in legal matters concerning intellectual property. The focus of her work is on counselling clients in questions relating to trademarks, copyright, competition law and IT law. Elisa has not only gained extensive practical experience in law firms in the field of IP over the past years, but has also further deepened her academic background in this area with a LL.M. for Information and Media Law at the University of Vienna. As a mixed patent practice, we are now able to offer our clients legal and patent advice in a one-stop-shop.

Stolmár & Partner was founded in 2001 by Dr. Matthias Stolmár. We help businesses to solve big problems from concept to courtroom.

1. December 2021

EVENT

Stolmár & Partner at AM Medical Days 2021

Last week, we were at the AM Medical Days 2021 in Berlin. It was a pleasure to meet decision-makers from the additive manufacturing and medical technology sectors and discuss current challenges facing the industry.

2. November 2021

NEWS

Stolmár & Partner again listed as outstanding IP law firm by JUVE

Once again in 2021, we are proud to be listed among the top 70 prosecution patent law firms in Germany by JUVE. Our managing partner Dr. Matthias Stolmár is being individually recommended as outstanding practitioner. Stolmár & Partner has been particularly recommended in the fields of medical technology and chemistry. Of course, this is a strong incentive for us to continue offering the best service possible to our clients.

25. October 2021

EVENT

2 conferences – 2 weeks

2 conferences in 2 weeks - last week we were at the Innovation Forum Medical Technology in Tuttlingen, Germany.

This week we will be at Diagnostics-4-Future in Konstanz, Germany on Monday and Tuesday and are looking forward to your visit at our booth.

We make your IP work.

Innovation Forum Medizintechnik 2021 S&P
S&P at Diagnostics-4-Future 2021

7. October 2021

EVENT

Pharma Days – 12. November 2021

Each year, we gather a selected panel of in-house counsels and IP experts to discuss hot topics from the field of pharma IP. Our next Pharma and Life Science Day will take place on 12 November 2021 at Schloss Suresnes. 

> hier anmelden

17. June 2021

NEWS

Stolmár & Partner is one of Europe’s Leading Patent Law Firms 2021

Stolmár & Partner is pleased to announce that the firm has been named as one of Europe’s leading patent law firms in a report published today by the Financial Times. This is the second time for Munich based Stolmár & Partner to be featured among the top IP firms in Europe. 

The Financial Times Europe’s Leading Patent Law Firms 2021 report is compiled by the Financial Times in cooperation with Statista. Now in its third year, the report’s results are based on the testimony and recommendations of over 10,000 patent lawyers, R&D experts and clients that have consulted with or commissioned patent law firms. 
Dr. Matthias Stolmár, founding parter at Stolmár & Partner, comments: “We are delighted that our team has received this well-deserved recognition. Our patent attorneys are all experts in their chosen fields, enabling Stolmár & Partner to offer bespoke service to its clients through innovative thinking. In addition, our attorneys are prepared to go the extra mile to come up with individualized technical solutions such as Kanban Case Management that are unique in the field.”

The complete ranking can be found here. hier.

We would like to take the opportunity to thank our clients and colleagues for their continuous support and good references.

24. May 2021

NEWS

Matthias Stolmár signs White Paper against waiver of IP rights

Leading IP experts from all over Europe have teamed up to draft a White Paper warning governments of the dangers of waiving IP rights for Covid vaccines. Dr Matthias Stolmár is among them: "The proposition by the US government is a poor response to the current issues that will not only be unable to solve the underlying problem, but instead harm pharma research for years to come".

Find the complete White Paper here. hier.

4. November 2020

NEWS

Stolmar & Partner recommended by Juve

Stolmár & Partner is once more listed as one of the leading German Patent Law Firm in the JUVE Handbook of Commercial Law Firms. The ranking reflects our expertise in patent prosecution and patent litigation as well as technical know-how in the fields of chemistry and medtech.

Dr Matthias Stolmár has been recommended by JUVE for many years. This year makes no exception. "I'm honoured that my work is praised by colleagues and clients alike. We will continue to provide outstanding service!"

27. Oktober 2020

NEWS

New face in our tech team

Stolmár & Partner  is happy to welcome a new face to our tech team.  

Bastian Scharre is German and European patent attorney. After his training in international IP firms ihe joined a US American automotive supplier, where he organized inter alia global IP trainings and represented the company in out of court proceedings. Before joining Stolmár & Partner, he advised clients in his own IP law firm in prosecution and opposition matters. His technical focus is on automotive, exhaust gas treatment and mobile communication terminals.

There were two more additions to the tech team this year: Miroslava Nicole George is an experienced patent engineer and has worked for a number of renown IP firms in Munich. Erik Schmidt is currently training to become a German and European Patent Attorney. 

We wish our new colleagues a good start here at Stolmár & Partner. 

28. August 2020

NEWS

Matthias Stolmár gives insights on
patent filing in Germany

Matthias Stolmár shares his insights into how to best file a patent application in Germany over at IPWatchdog, one of the most leading news sites for IP. He explains not only how an application can be validly filed, but also describes the pros and cons of utility models and outlines a strategy for making use of the pecularities of the German system. In cooperation with Morningside Translation, the interview is also available as a video:

18. June 2020

NEWS

Stolmár & Partner is one of Europe’s Leading Patent Law Firms

Die Financial Times hat heute ihren jährlichen Bericht über die führenden Patentanwaltskanzleien Europas veröffentlicht. Stolmár & Partner darf mit Stolz verkünden, dass wir zum ersten Mal unter den Top 160 Patentkanzleien Europas genannt werden.

Dr. Matthias Stolmár, Kanzleigründer: „ Wir haben in den letzten Jahr unermüdlich daran gearbeitet, unseren nationalen und internationalen Mandanten herausragenden Service zu bieten. Wir freuen uns sehr, dass unsere Leistungen von Kollegen und Mandanten anerkannt werden. Die Auszeichnung wird mein Team aus hochmotivierten Anwälten weiter anspornen, jeden Tag ihre Bestes zu geben.“

Der “FT Europe’s Leading Patent Law Firms report” nominiert jedes Jahr ausgewählt IP-Kanzleien aus ganz Europa für ihr Arbeit im Bereich Patentverfolgung und Strategieberatung. Das Ranking basiert auf einer umfassenden Analyse des gesamten Sektors, die von FT in Zusammenarbeit mit Statista durchgeführt wird. In diesem Jahr wurden mehr als 10 0000 Patentanwälte und In-House Counsels eingeladen, Kanzleien allgemein oder in speziellen Bereichen zu empfehlen. Insgesamt nahmen an der Befragung 2900 Mandanten und Berufsträger teil.

Das komplette Ranking finden Sie here.

Wir möchten uns ganz herzlich bei unseren Mandanten und Kollegen für ihre Unterstützung und die Referenzen bedanken.

4. June 2021

NEWS

Stolmár & Partner successfully requested acceleration of appeal proceedings as straw man

Parties with a legitimate interest may ask the boards of appeal to deal with their appeals rapidly (see Notice from the Vice-President Directorate-General 3 dated 17 March 2008 concerning accelerated processing before the boards of appeal (OJ 2008, 220) and Article 10 (3) Rules of Procedure of the Boards of Appeal (RPBA 2020).

However, as many of us know, most of these requests for acceleration of appeal proceedings are not be accepted.

Acceleration is generally a matter for the exercise of the board’s discretion at the board’s discretion. While trivial reasons do not warrant acceleration, there is no fixed standard of proof (T 895/13). To quote other positive examples, acceleration has been acknowledged as appropriate, for example, when infringement proceedings were threatened or if the public had an interest in the early resolution of disputes (T 239/16, T 734/12).

One more successful example can now be added to the list: Dr Matthias Stolmár, even though only acting as straw man, recently succeeded in requesting acceleration of the appeal proceedings in T1732/18.

The reasons relied upon in the request can be summarized as below:

15(1) of the Rules of procedure before the Boards of Appeal 2020
The case is more than ready for issuance of the Summons to attend Oral Proceedings. Additionally, given the number of 13 Opponents, only Oral Proceedings could conclude the case in a timely manner without further unnecessary delay.

Replies to the Grounds of Appeal Opponents/Appellees as well as Patentee’s reply to the responses of the Opponents were already filed in February 2020.

Thus, according to Article 15(1) in combination with Article 1(2) of the RPBA 2020 the Board of Appeal could have issued the Summons to attend Oral Proceedings at the beginning of 2020.

No existing comparable case law
Further, the current case could be a fundamental and landmark decision since it is not comparable to current dosage regiment case law.

The opposed patent was revoked on the basis of not involving an inventive step according to Art. 56 EPC.

Length of proceedings
The Appeal proceedings should conclude as soon as possible, since the have been going on for a very long time.

The patent was granted after almost 8 years and the Opposition proceedings lasted 21 months longer than the published early certainty objective.

Term of the opposed patent
Patentees as well as the Opponents have a legitimate interest to obtain a decision in the Appeal proceedings well before the patent expires.

The patent has already entered the 16th year and will expire within five years.

Common interest of legal and market certainty
There is no certainty about validity of the patent.

Currently, competitors are banned to enter any market in Europe where the patent is in force despite it having been revoked in the first instance.

Consequently, it is apparent that a decision is needed as soon as possible.

Stolmár & Partner is pleased to announce that the Board of Appeal followed our arguments and decided to grant the request for acceleration.

13. January 2020

EVENT

Save the Date – Munich Pharma and Life Science Day 2020

Merken Sie sich den 17. Juli 2020 vor – an diesem Tag findet nämlich bereits zum 7. Mal der Pharma und Life Science Day in München statt.

Was sie erwartet:

– Lebhafte Diskussionen über Best Practice im Patent- und Markenschutz
– Updates für Pharma Case Law weltweit
– Treffen mit erfolgreichen Startups und Sessions mit den Strategen der Big Players
– AI in Life Science – Patente oder gibt es eine bessere Taktik?
– Networking mit In House Counsels in einer exklusiven Location

Was andere sagen:

“I enjoyed it very much, not only the excellent lectures but meeting with known and not-yet-personally-known colleagues. I noted the next year date – I am striving to attend.”

“Many thanks again for the most enjoyable and informative IP event.”

“A day full of interesting presentations from Unfair Competition, Biosimilars and the Nagoya Protocal to Parallel Trade & the FMD.”

Wir freuen uns, Sie im Juli beim Pharma und Life Science Day begrüßen zu dürfen! Melden Sie sich gleich hier für unseren Newsletter an, damit Sie die Anmeldephase nicht verpassen.

7. January 2020

EVENT

Dr. Matthias Stolmár Präsentation auf dem
WIPF in Taiwan nun auf Youtube

Im November war Dr. Matthias Stolmár eingeladen, seine Sicht auf die Entscheidung T1085/13 der Beschwerdekammer des EPA beim 2019 WIPF Forum im Panel „Patent Challenges in the Pharma Industry“ zu erläutern. Die Präsentation sowie die anschließende Diskussion wurden von HeTV aufgezeichet und sind nun auch auf Youtube verfügbar.

12. July 2019

EVENT

Pharmadays 2019 – Fostering Innovation

Stolmár & Partner, ARNOLD RUESS and Meyerlustenberger Lachenal are pleased to invite you to attend our annual Pharma and Life Science Day to be held on 12 July 2019 in Schloss Suresnes in Munich.

As in previous years, high-calibre in-house practitioners and attorneys will present hot topics in Pharma and Life Sciences fresh from their desks. Our speakers are inter alia from Novartis International AG, Sanofi, MilliporeSigma, Stalicla S.A., Dr Reddy’s Laboratories SA, Paton Landespatentzentrum Thüringen an der TU Ilmenau, Egis Pharmaceuticals PLC, the European Patent Office and the District Court of Munich.

You will hear more about recent developments in the CRISPR/Cas IP landscape, implications of the Falsified Medicine Directive (FMD), SPC waivers and the Nagoya Protocol. In addition, we will update you on the most recent decisions in Pharma case law, explain the pitfalls of EU competition law and shed light on the question of purity as novelty-confering feature before the EPO.

Our Pharma and Life Sciene Day is a fantastic opportunity to discuss the most recent trends in pharma and life sciences in a relaxed environment with your peers from industry.

We are happy to welcome you to our reception at the Seehaus Englischer Garten afterwards.