After decades of effort, the European unitary patent seems to be on the home straight. The purpose of the project, which was already envisaged in the 1970s, is to be able to enforce patents before a Unified Patent Court (UPC) with effect for all participating EU member states. After significant delays due to Brexit and constitutional complaints filed against the German ratification, the preparations have recently resumed, and the unitary patent system is currently expect to swing into action in late 2022 or early 2023. In parallel, Germany is currently revising its national patent litigation system and provides for a proportionality test for injunctive relief and an improved interplay between the infringement proceedings and the nullity proceedings.
BOEHMERT & BOEHMERT partner and patent attorney Dr. Dennis Kretschmann devotes his detailed article “Recent German Court Decisions and Legislation shape the future of Patent Litigation” to these two trend-setting topics in the current issue of the professional journal “The Patent Lawyer” as well as on the website of the European Research Council “4iP Council”.
The article is published in English on page 71 of the September / October 2021 issue of the journal The Patent Lawyer and is available as a PDF here. Visitors to the 4iP Council website can download the article here.