Tool Steel
On October 4, 2023, A filed an Austrian patent application for a new tool steel. Four days later, on October 8, 2023, B also filed an Austrian patent application for the same tool steel. A's application was published on April 15, 2025.
Question: What effect does A's application have on B's application, and under what circumstances could B still obtain a patent?
thin-film solar panel
On March 12, 2020, A filed a patent application in Germany for a novel thin-film solar panel. Just a few weeks later, on March 20, 2020, B filed a German patent application for the same technology. However, after ten months, A lost interest and withdrew its application. It was therefore never published.
Question: What are the consequences of A's withdrawal of the application for B's application?
Lithium-Battery
On June 5, 2021, A filed a patent application in the US for a new lithium battery. On the same day, B filed the same invention in China. Neither party filed any subsequent international applications.
Question: How do the two applications affect each other, and who will be granted a patent in which country?
drone system
On February 1, 2022, A filed an application in Austria for a drone system that uses AI for obstacle detection. A few weeks later, on February 20, 2022, B filed an application for the same system, but with the addition of an automatic emergency landing function.
Question: What claims can B obtain if the application is published?
Photonic Chip
On January 10, 2019, A filed a patent application in Germany for a photonic chip with a novel waveguide. One year later, on January 15, 2020, A filed another application for the same chip, this time with additional optimizations. The first application was published before a decision was made on the second.
Question: How does A's earlier application affect his own later application, and which parts of the second application could still be patentable?
Insulin
On May 12, 2021, A filed a patent application in Austria for a new method for the genetic engineering of insulin. As usual, this application was not published until 18 months later, on November 15, 2022. Independently of this, B filed an Austrian patent application for the same process on June 1, 2021, just a few weeks later. The patent office examined B's application unusually quickly and granted him a patent on February 20, 2022, without being aware of A's application at that time.
Question: What are the consequences for B's patent?
AI Chip
On January 10, 2021, a Chinese engineer (C) files a patent application in China for a novel AI chip for image processing and obtains a valid property right there. He does not file an application in the US. A US company (U) files the same invention in the US on February 20, 2021, and obtains a US patent in 2023. When C attempts to sell his AI chips on the US market, U invokes its US patent and seeks to prevent him from doing so in court.
Question: What options does C have to defend himself against U's US patent? Can he initiate nullity proceedings, and what arguments could he use?
hydrogen storage system
On March 15, 2020, A files a patent application in Germany for an innovative hydrogen storage system. His application is published on September 20, 2021. B files an application with identical content on March 30, 2020, and surprisingly quickly receives a granted patent in July 2021, even before A's application was published.
Question: What steps can A take to invalidate B's patent?