Follow up: Revised German Patent Act is now in Force

Published

Aug 17 2021

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As an counsel in our Düsseldorf IP team, I counsel clients on industrial intellectual property rights focusing on patents, utility models, unfair competition, as well as on the intersection with antitrust law.

We had already reported when the bill had passed German parliament (Bundestag). In the meantime, the bill had also passed the Federal Council (Bundesrat) and was just signed into law by President Steinmeier[1].

Besides the discussion around the exception to the automatic injunction – where Germanys presiding judges in patent infringement chambers have already taken their position – as reported by Juve – it is important to note that not all changes come into force immediately.

The law includes a 9-month grace period for Germany’s Patent Court to apply sec. 83 (1) of the Patent Act. This provision is supposed to close the so-called injunction gap. Hereafter the Patent Court needs to give its assessment over a pending nullity action within 6 months from filing the action. However, the Patent Court would most likely not have been able (due to high caseload) to immediately ensure such 6-month period. The Court was…