Unlawful removal

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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.

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  1. BGH GRUR 1981, 128 - Bottle gripper