Patents in Germany and Europe: Procurement, Enforcement and Defence: A International Handbook

Germany’s patent system presents unique opportunities and risks for companies doing business abroad. It is one of the world’s top jurisdictions for patent enforcement because of the size of the German market, the speed and cost of the proceedings, the expertise and reputation of the judges, and its advantageous “split system” that resolves infringement separately from validity challenges.

Either as a stand-alone enforcement venue, or as part of a global IP strategy, Germany should be at the forefront of companies’ intellectual property plans.

This handbook provides attorneys worldwide both the fundamental framework and practical pointers for navigating Germany’s patent system. The book opens with an overview of the judicial system, along with a background on patent prosecution and opposition proceedings in the European Patent Office. The handbook then explains key aspects of patent litigation in Germany, including:-

• Trial procedure;
• Claim construction;
• Damages;
• Nullity (invalidity) proceedings;
• Discovery;
• Customs enforcement actions;
• Employment law regarding inventions; and
• Budgeting of patent cases.

The book also provides forms and legislative materials, including translations (unofficial) of key intellectual property provisions, such as of the German Patent Act, Utility Model Act and the Act on Employee’s Inventions.

Authored by active patent litigators in Germany and the United States, this handbook explains the German system in the context of U.S. proceedings, and concludes with a comparison of key provisions of the U.S. and German patent systems. For in-house counsel, as well as for seasoned international litigators, this handbook offers valuable lessons for patent procurement, enforcement, and defense.