Patent Litigation

German patents (and utility models) as well as European patents with effect in Germany give the patent (utility model) holder an exclusive right to prohibit any third party from using the patented invention without consent.

BARDEHLE PAGENBERG’s team of attorneys-at-law and patent attorneys represents clients’ legal interests where their patent rights are infringed or where they are accused of infringing third-party patent rights. These rights are usually enforced in legal proceedings before the competent German courts. However, even the work undertaken prior to the legal proceedings is of considerable importance, particularly with regard to assessing the subject matter for which protection is sought.


In Germany, patent infringement proceedings and nullity proceedings (in which the legal validity of the patent asserted is examined) are conducted in separate proceedings by independent courts (“principle of separation”). These proceedings require special knowledge and hands-on experience. This particularly requires close and extensive cooperation between the attorney-at-law conducting the infringement proceedings before the civil courts and the patent attorney representing the client in nullity proceedings. Optimal coordination is essential to achieve the best possible results for our clients, which is why BARDEHLE PAGENBERG’s attorneys-at-law and patent attorneys have been cooperating closely with one another since the firm was founded in 1977.

With our international network comprising our own offices in Paris, Verona and Barcelona, a close partnership with YUSARN AUDREY in Singapore, and equally close contact with offices in the US, amongst others, we are in the best possible position to protect the interests of our national and international clients both in Germany and further afield.

BARDEHLE PAGENBERG
Partnerschaft mbB

Patentanwälte Rechtsanwälte

Prinzregentenplatz 7
81675 Munich
Germany

Phone: +49 89 928 05-0
Fax: +49 89 928 05-444
Email: info(at)bardehle.de

Show route

Contacts

Expert articles

Below is a collection of concise IP knowledge, written by our Patent Litigation experts. Have a closer look at our IP brochures and articles.

IP Videos

Are you curious about videos on Patent Litigation? Obtain insights and tips from our IP experts here.

UPC Video
IP Videos on
IP Quick Tips, UPC Video, Patent Litigation
IP Quick Tip: Evidence and inspection at the UPC
The rules on evidence before the UPC provide for an interesting mix of known principles and new…
UPC Video
IP Videos on
IP Quick Tips, UPC Video, Patent Litigation
IP Quick Tip: The competence of the Unified Patent Court
Where the competence of the UPC is concerned, the first question is whether the UPC or the national…
UPC Video
IP Videos on
IP Quick Tips, UPC Video, Patent Litigation
IP Quick Tip: The practical relevance of preliminary injunctions at the UPC
This IP Quick Tip is about the practical relevance of preliminary injunctions (PIs) for patent…
IP Videos on
IP Quick Tips, Patent Litigation, Oppositions and Nullity, Patent Prosecution
IP Quick Tip: Optimum claim set structure of European Software Patents - Part III
This IP Quick Tip looks at claims sets for divided infringement situations. For example: claim 1 is…
IP Videos on
IP Quick Tips, Patent Litigation, Oppositions and Nullity, Patent Prosecution
IP Quick Tip: Optimum claim set structure of European software patents - Part II
This second part of the IP Quick Tip series on claim sets for software patent applications at the…
IP Videos on
IP Quick Tips, Patent Litigation, Oppositions and Nullity, Patent Prosecution
IP Quick Tip: Optimum claim set structure of European software patents - Part I
This IP Quick Tip series deals with the question of what your claim set should look like when you…