“Patent invalidation procedures at the EPO and the German Federal Patent Court – A fair balancing of the interests of the public and the patentee?“
BARDEHLE PAGENBERG invites you to join our special IP event with presentations of two studies and a panel discussion with experienced practitioners and former members of the Boards of Appeal of the EPO as well as a former judge of the German Federal Court of Justice.
Under the European Patent Convention and the German Patent Act, the validity of any granted European or German patent can be challenged. Due to the possibilities to file either an opposition or an invalidation action a patent is never "safe" against an attack for alleged invalidity.
Two recent studies undertaken by our firm, one in collaboration with the Technical University of Munich, seem to indicate that the probability of a successful defense of patentee has significantly changed over the last years – to the detriment of patentee. Moreover, formal issues seem to become more and more important in opposition (appeal) proceedings at the EPO, where an increasingly narrow interpretation of the Rules of Procedure effectively reduces the options of the patentee for a successful defense.
This leads to the question, whether the current invalidation procedures still provide a fair balancing of the interest of the public to have invalid patents revoked and the interest of the patentee to maintain a justified exclusive right for a patentable invention.
We are looking forward to exciting discussions and a lively exchange of views during this event and the subsequent reception at the BARDEHLE PAGENBERG Lounge!