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.