When goods are manufactured in China by an original equipment manufacturer factory for export, the foreign buyer is not always the owner in China of the trademark that is affixed on the goods. But what if the trademark is registered in the name of a third party and such third party decides to sue the factory for infringement and stop the export of the goods? This is a long-debated question of which the courts have demonstrated different understandings.
Under the European Patent Convention, a computer program per se is not considered a patentable invention; rather, program listings per se are protected by copyright. However, in many cases, a computer program can be considered a technical solution to a technical problem and is thus patentable. For a European patent to be granted, applicants must show that this solution is novel and involves an inventive step with respect to prior art.
According to the Patent Examination Guidelines, in order to determine whether a patent application can be easily accomplished by persons ordinarily skilled in the art in view of the citations, it is necessary to consider whether there is motivation to combine multiple citations. Further, such motivation depends on whether the multiple citations are relevant or common in their technical contents.