The wonder weapon of every patent holder was injunctive relief. Even large companies were willing to take a seat at the negotiating table when threatened with an injunction against their allegedly patent-infringing products by small patent holders.
Now the new German Patent Act will contain a clause in § 139 that allows exceptions from automatic injunctive relief in a few individual cases, e.g. if the consequences for the infringer would be unreasonably severe.
BOEHMERT & BOEHMERT partner and patent attorney Dr. Ute Kilger discusses this amendment and its impact on legal certainty and willingness to invest in innovations in her article “Modernisation of patent law – boon or bane for patentees?” published in the Spring 2021 issue of the trade journal “European Technology”, Volume 20.
The full article is available online here.