In its research concerning the complaint that was filed against ratification of the Unified Patent Court Agreement, the German Federal Constitutional Court (FCC) gave a series of mainly German institutions and associations the opportunity to submit their views. A spokesman of the Court, the Bundesverfassungsgericht, declared in answer to questions of Kluwer IP Law that a…

The Federal Constitutional Court in Germany has started investigating the constitutional complaint that was filed earlier this year against the German ratification of the Unified Patent Court Agreement. As German attorney at law Dr. Ingve Björn Stjerna reported last week, the Court ‘most recently sent the constitutional complaint (earlier reported on by Kluwer IP Law…

The surprising request by the German Federal Constitutional Court (FCC) to the German President to wait with his executing of the UPC ratification law, pending the outcome of a – heretofore unknown – constitutional complaint, has made many people wonder what is behind this constitutional complaint and on which alleged violations of the German Basic…

In this case the FCJ considered the question of whether one of the co-owners of an invention is individually entitled to file a patent application for that invention. The Court held that in general an application is not permissible if it is made only in the name and on behalf of that co-owner. In such…

Preparations for the launch of the Unitary Patent system are progressing, despite the uncertainties and delays in the ratification process in Germany and the UK. The Case Management System (CMS) of the Unified Patent Court (UPC) will be ready ‘as of August 2017 and until the opening of the Court’, and tailored to prepare for the…

Chairman Alexander Ramsay of the Preparatory Committee of the Unified Patent Court regrets that a constitutional complaint has led to the suspension of the German ratification process of the UPC Agreement. In a message which was published on the committee’s website today, Ramsay states: ‘In Germany another layer of complexity has been added due to…

Germany has unfortunately no Fordham conference where an impressive number of eminent IP scholars, judges and practitioners, including even representatives of the EPO, get together once every year to discuss the state of the patent universe and future developments. However, Germany does luckily at least have its Max Planck Institute for Innovation and Competition in…

In this case, the Federal Court of Justice considered the value of a secondary indicium for a decision on inventive step. The FCJ confirmed that if an invention differs from the decades-old general practice in the relevant technical field, then this may be an auxiliary criterion supporting inventive step. A full summary of this case…

In Germany, the winning party is able to recover a significant amount of its costs from the losing party. This cost reimbursement, which is based on a statutory fee schedule, depends on the value of the case. The amount of recoverable fees can be quite significant; the maximum in infringement proceedings would be around slightly…

The German Federal Council, the Bundesrat approved draft legislation to ratify the Unified Patent Court Agreement and to amend German patent law in its 31 March session. It means the German procedure to ratify the UPCA nears completion. The Parliament, the Bundestag, had already given its approval on 9 March 2017. In order to finalize…