Patents in Germany and Europe

Book excerpt: Germany’s patent system presents unique opportunities for patent holders, as well as risks for companies doing business there. Germany is one of the world’s top jurisdictions for patent enforcement because of the expertise of German courts, their unique procedures, and the speed of these proceedings. Winning a patent suit in Germany is tantamount to winning the European market, and gives the patent owner substantial leverage over opponents to achieve a worldwide settlement. In addition, suits in Germany frequently resolve well ahead of United States counterpart suits, at a fraction of the cost. This handbook, now in its second, fully updated edition, provides international lawyers with a practical understanding of Germany’s patent system, including the many legal changes that have occurred since the book’s original publication in 2011. It also addresses the implications of the upcoming Unified Patent Court. This second edition provides an in-depth, step-by-step procedural analysis of aspects of current patent practice in Germany, including the following: • Germany’s split system that bifurcates infringement from validity cases; • Obtaining discovery; • Claim construction; • Budgeting; • Implications of the upcoming new patent system, in particular the Unified Patent Court; • Germany’s labor law regarding employee inventions; and • Customs actions. The authors — both experienced patent lawyers, one German, one American — present proceedings in Germany in parallel with corresponding patent litigation stages in the United States. The chapters track the structure of patent disputes, starting with the overall structure of the German judicial system, followed by topics such as patentability, patent procurement, oppositions, infringement trials and customs enforcement actions. This book concludes with an extensive selection of forms and legislative material. Understanding the opportunities available in Germany provides companies with a broader toolkit for enforcing their intellectual property rights and defending against challenges brought by others. Practicing patent lawyers will not find a more complete, informed and practical guide than this book explaining the framework for patent procurement, enforcement and defense in Germany. Many will find surprising options without parallel in the United States.