German patent law

The patent law secures the German law in addition to trademark law, design and utility model law protecting neuschöpferischer developments.

History

On April 25, 1877, first imperial patent law was enacted which provided for the establishment of an authority should awarded the patents. ( Benkard / Rogge, Patent Law, 10th edition, Introduction, § 7) In the years 1891 and 1936 new patent laws were enacted. The last version of the Patents Act 1936 dated 16 December 1980. It is since 1 January 1981 in force and has since been a significant number, get often more serious changes, so in the years 1993, 1998, 2005 in connection with the biotechnology.

Laws content

The Patent Act defines in § § 1 - 25 of the Patent Law, the Patent and calls the patentable inventions. There must first be a technical teaching. This has national patent - be novel over the prior art, based on an inventive step and be industrially applicable (§ § 1 - - 5 Patent Law ) largely in agreement also with the European Patent. Meanwhile, it is also possible to patent biological materials and products thereof. The human body, its cells and gene sequences are not patentable ( § 1a Patent Law). Also not patentable inventions, which would be contrary to public order or morality. In particular, the use and the cloning of embryos and human beings is prohibited.

And the procedure before the DPMA described: and in the second and third sections (§ § 26 - - 33 § § 34 64 of the Patent Law ) the construction and operation of the Patent Office are (DPMA ) (Munich office).

The decision on disputes with the Patent Office on the existence or non-existence of a patent or compulsory licensing, the Federal Patent Court (FPC ) is built. It is a top federal court sitting in Munich, which is the rank of the Higher Regional Court, so that the appellate court of the federal court in Karlsruhe.

The proceedings before the Patent Court are

• The appeal proceedings (§ § 73-80 of the Patent Law )
• Revocation proceedings (§ § 81 ff. Patent Law)
• The compulsory license procedures ( § § 81 ff. , 85 of the Patent Law )

Decisions taken by the right of appeal, the appeal and the appeal be allowed, leading to the Federal Court.

The patent law gives the owner of a patent as a civil injunction and claim for damages unless it has suffered infringement of his patent or to fear from an infringement (§ § 139ff. Patent Law).

With the penal provisions under § 142 of the Patent Law, the Patent Law also belongs to Nebenstrafrecht.

For all other disputes, these matters are assigned to the Civil Divisions of the District Courts ( § 143 Section 1 of the Patent Law). The responsibility is - across countries in part - focuses on some district courts.