Second Law on the modernisation and simplification of German Patent Law

The Bundestag passed the second law on the simplification and modernisation of patent law, which entered into force the day after promulgation in the Federal Law Gazette on 17 August 2021. It contains three relevant amendments to the existing Patent Act (PatG).

The up to now "automatic" injunctive relief under Sec. 139 Patent Act is limited. The right to injunctive relief is to be excluded insofar as the claim would lead to disproportionate hardship for the infringer or also third parties due to circumstances in the individual case.

 

The time limits and procedures in opposition and patent nullity proceedings will be streamlined starting 1 May 2022. The qualified notice of the Federal Patent Court under Sec. 83 Patent Act will be issued already 6 months after issuance of the nullity action.

 

The new law comprises in Sec. 145a Patent Act a reference to the rules on procedural protection of business secrets in the Business Secrets Protection Act (GeschGehG). The court may classify any information introduced into the proceedings as confidential if it could be a trade secret. This includes excluding the public or ordering the parties to treat the subject matter of the dispute confidentially.

 

More details on the second law on the modernisation and simplification of German patent law may be found under ; https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/DE/PatMoG_2.html.

  • Publication date: October 2021
  • By : Karla WERNER
  • Tag(s) : Germany
    Brevet
  • IP ALERT : IP ALERT Munich
  • Subject(s) : Patents
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