The Federal Patent Court (FPC) ruled on the interplay between limitation proceedings before the EPO and a national nullity action, and the circumstances in which a request for a declaratory judgment concerning (partial) termination of proceedings in relation to the limited part of the patent is admissible and well-founded. The FPC held that where the limitation is granted, this does not necessarily lead to the patentee bearing the costs. Instead, the decision on the costs will be taken based on the prospects of the original nullity action.

Case date: 10 December 2015
Case number: 2 Ni 39/13 (EP)
Court: Federal Patent Court of Germany

A full summary of this case has been published on Kluwer IP Law.

 

 


_____________________________

To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.


Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF