Unlawful removal
Unlawful extraction refers to the registration of an invention for a patent by an unauthorized person.
Features of illegal removal are:
- Invention possession of an applicant or an opponent
- Essential identity between the registered or patented invention
- Causality: The subject of the application or the patent must be causally related to the inventor's possession of the injured party ("removal")
- Illegality of removal
The removal is illegal if the application has been made without the consent of the owner of the invention from whom the invention was removed.
swell
- ↑ BGH GRUR 1981, 128 - Bottle gripper