Patent Litigation

In accordance with the European Patent Convention, enforcement of European patents is left to the national courts. Hence, German courts have jurisdiction for infringements of European patents in Germany. The same holds true for the infringement of German patents, granted by the German Patent and Trademark Office.

In Germany, questions of patent infringement and validity are handled in separate proceedings by independent courts (“principle of separation”). The separate proceedings regarding infringement and validity require special know-how and hands-on experience. Particularly important is a close and comprehensive cooperation between the attorney-at-law (Rechtsanwalt) handling the case before the civil courts on the infringement side, and the patent attorney (Patentanwalt) representing on the validity side. At BARDEHLE PAGENBERG, patent attorneys and attorneys-at-law have been cooperating closely since the foundation of the firm in 1977 – a characteristic which clearly distinguishes us from the majority of our competitors.

Providing the court with detailed information and evidence about the infringing activities is generally a crucial factor for success in a patent infringement suit. Since the legislator has put certain limits on the possibilities for collecting evidence in Germany, our law firm offers the opportunity to take advantage of the special means for collecting evidence under French law through our Paris office. The results of seizures facilitated by the French law may also be used for proceedings in Germany.

Using our network of first class professional contacts, we protect the interests of our national and international clients also in litigation not limited only to Germany – often taking the role of the coordinator.

For more information on Patent Litigation, see our online-series "BARDEHLE PAGENBERG Concise Knowledge".