Start Invalidating an epc

Invalidating an epc

Therefore, in two steps, as far as the invalidation proceedings are concerned, and in three steps, as far as the infringment proceedings are concerned, the litigation will end with the same authority, namely the Federal Supreme Court at Karlsruhe, where the final decisions will be made both in relation to the invalidation and the patent infringement proceedings. Enforcing EPC Patents Due to the fact that the EPC bundle "patent" is not really a central patent, but is, as far as enforcement is concerned, handled in the same manner as a national patent, the enforcing of EPC patents in Germany - and in all other member countries of EPC - takes place in an analogous manner as with national patents as discussed under 1.1.

Please note that the information in this note is simplified and must not be taken as a definitive statement of the law or practice.

We would be pleased to advise specifically in relation to particular cases.

In recent European decisions, these provisions have been interpreted as requiring that, for subsequent applications filed by a person other than the person (the individual or group of legal or natural persons) who filed the priority application, a valid transfer of the priority application and/or of the right to claim priority must have already taken place at the time of filing the later application.

Assignments can be worded to assign the right to claim priority in all states other than the US.

Against the decisions of the Federal Patent Court in the invalidation proceeding an appeal to the Federal Supreme Court is possible.

In case of the patent infringement proceedings an appeal against the patent infringement district court decision is possible to the respective patent appeal court for the respective federal state of Germany, and against the decision thereof, again, an appeal to the Federal Supreme Court.

If certain actions have been taken on filing the PCT application, then potential priority problems in Europe can be avoided.