BARDEHLE PAGENBERG IP News & Discussions: "Patent invalidation procedures at the EPO and the German Federal Patent Court - A fair balancing of the interests of the public and the patentee?"

Munich, (PresseBox) - In the course of the last decades, patent practitioners got the impression from their daily experience that the chances to enforce a patent were substantially weakened since the chances to get the patent maintained in invalidity proceedings decreased more and more.

BARDEHLE PAGENBERG tried to give a more solid basis to that impression and evaluated the statistics of the German Federal Patent Court (BPatG) and the German Federal Court of Justice (BGH) in nullity proceedings. In the paper published in the Journal of German Patent Attorneys Are Patents merely “Paper Tigers”?, it was shown that the Federal Patent Court held the patent invalid or partially invalid in almost 80 % of the cases decided between 2010 and 2013, the rates for the Federal Court of Justice in appeal proceedings being slightly lower.

A second study undertaken in cooperation with the Technical University of Munich, School of Mangement dealing with the results in opposition appeal proceedings at the EPO had a somewhat different focus. It was concerned with the influence of the application by the Boards of Appeal of their Rules of Procedure as amended in 2003 on the outcome of appeal cases.

Both publications intended to trigger a public discussion whether the practice in invalidity proceedings at the EPO and the German Courts still provide a fair balancing of the interests of the public and the patentee. As a contribution to this discussion, a special IP event took place at the premises of BARDEHLE PAGENBERG on December 17, 2015 in which the studies were presented and their results and possible consequences debated in a panel discussion.

Read the resume and download the presentation slides here.

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