Translation of “Sind Patente nur Papiertiger”?, Mitt. 2014, 439

Patents, whose legal validity is assumed generally and particularly in infringement proceedings, are in fact subject to a considerable risk of being declared invalid. The present contribution confirms this based on a statistical evaluation of the case law of the German Federal Patent Court and the German Federal Court of Justice in nullity matters in the period from 2010 to 2013. A broad discussion on the causes, effects and possible corrective measures seems to be necessary.

Published on
November 2014
Author
Peter K. Hess
German and European Patent Attorney, Managing Partner
Tilman Müller-Stoy
Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner
Martin Wintermeier