Annulment of a patent

The opposition process mentioned here is only possible within a certain time interval after granting the patent. However the need can arise that an “interfering” patent must be restricted or eliminated several years after the patent has been granted, for example, in the course of a patent infringement process.

 

The action for annulment against a patent

On this matter, for example in Germany, it is possible to attack the interfering patent by a so-called action for annulment which takes place in the first instance before the Federal Patent Court and in the appellate court before the Federal Supreme Court (BGH) in Karlsruhe. These, usually very tedious, proceedings are usually also of a complex nature and expensive.

With this process therefore a German patent or also a European Patent valid in Germany can be eliminated, again in retrospect - declared annulled - or restricted. This naturally assumes that there are reasons which justify the elimination or restriction of the patent which is strictly examined in this process. In brief, the patent must lack the requirements for patenting. In other countries there are other possibilities for opposing claims from a patent whether this be in a separate process - as in Germany - or within the framework of an infringement process. These processes are aimed at demonstrating that the patent from which the action is taken is not legally valid in the granted version.

Here a well-founded consultation and guidance of the process is essential. Get in contact with me.

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