Federal Patent Court of Germany
The Federal Patent Court (FPC ) is a federal court and has its headquarters in Munich. It was founded on July 1, 1961. The task of this Court is to decide in certain disputes relating to intellectual property rights ( inter alia, patents and trademarks ).
History
Since the establishment of the German Patent Office in 1877, whose decisions were reviewed in a complaint process through specialized entities of the Patent Office itself. This division was also maintained after 1949, under the validity of the Basic Law (GG) first. This created the problem that Article 19, paragraph 4 of the Constitution opens the recourse to independent courts upon any breach of rights by public authority. The dispute whether the Board Committees of the Patent Office were such independent courts, the Federal Administrative Court ruled in 1959 meaning that all decisions of the Patent Office by the administrative jurisdiction lies. Then the Basic Law in 1961 complemented by introduction of Article 96 of the Basic Law, which the Federal government for matters of intellectual property may establish a federal court, and called the Federal Patent Court in the same year, using the authorization now in the Basic Law created to life.
Jurisdiction
The Federal Patent Court heard formally as the only federal law certain special dish for the ordinary jurisdiction because it acc. Article 96 paragraph 3 GG is filed in the instance under the Federal Court. Materially, it is the Federal Patent Court true administrative court functions of the regulatory control of the decisions of the German Patent and Trademark Office and the Federal Plant Variety Office. In addition, it is responsible for actions brought by third parties which attack the validity of a national patent or a European patent for the area of the Federal Republic of Germany or a duly granted supplementary protection certificate ( for medicinal and plant protection products). It is also responsible for the (very rare occurrence ) the grant of compulsory licenses to these patents.
For disputes where the violation of registered rights is claimed is not the German Federal Patent Court jurisdiction, but the ordinary jurisdiction of the countries, mostly specialized chambers of certain district courts.
Court Organization / Chamber
The Federal Patent Court decides the individual disputes by Senate, whose occupation of the legal matter of the individual case depends (see, eg, § 67 of the Patent Law and Trademark Law § 67 ).
Judge
The Federal Patent Court judges act as both legally qualified members who must be qualified to hold judicial office, as well as technical members in a branch of engineering must be expert ( mostly former auditor of the German Patent and Trademark Office ). The composition of the Senate is in § 67 of the Patent Law, Trademark Law § 67, Section 1, § 18, paragraph 3 Utility Model Law and § 34 para 5 SortSchG regulated. Accordingly, the Technical Board of the Senate and the Senate utility model with three technical judges and a lawyer, the nullity Senate with three technical judges and two lawyers, the brand Senate and the legal complaint Senate are occupied by only three lawyers. In the year 2011 120 judges were employed at the Federal Patent Court, of which 65 are technical judges.
The Office of the President of the Federal Patent Court held from April 2006 to December 2010 Raimund Lutz.
In May 2011, Beate Schmidt was introduced as the new president in office. Vice President since July 2010 Klaus Strößner.
Method
The proceedings before the Federal Patent Court is governed by the individual laws of intellectual property law, in particular by the patent law and trademark law, as well as subordinated by the Code of Civil Procedure.
The court participates in the electronic legal transactions, which is why electronic documents can be submitted there. Since September 2007, electronic documents can be submitted, inter alia, in the form of ISO certified OpenDocument format, the Federal Patent Court and the Federal Court.
Allocation
The Federal Patent Court made (November 2011):
President and Vice President
Amtstracht
The official costume for the judge and the clerk at the Federal Patent Court has been set with the order of the Federal President on the official costume at the Federal Patent Court. The official costume consists of a Amtsrobe and a beret. For black Amtsrobe a broad white neckcloth worn with dangling ends, except clerks who wear a simple white cravat. The trim on the Amtsrobe and the beret is dependent on the function. For Judge of the trimming of steel blue velvet and the Urkundspersonal is the trimming of steel blue wool. At the beret, the President of the Federal Patent Court carries two cords in gold. The Vice President and the President of the Senate wearing a cord in gold. Notwithstanding the arrangement of the beret in court everyday is not used. In addition, a white tie is often worn instead of white cravat with hanging ends approach.