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Vol 21 No 10 Oct/Nov 2016

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Patents in Germany and Europe: Procurement, Enforcement and Defence: A International Handbook


ISBN13: 9789041131645
Published: June 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £108.00



Despatched in 3 to 5 days.

Germany’s patent system presents unique opportunities and risks for companies doing business abroad. It is one of the world’s top jurisdictions for patent enforcement because of the size of the German market, the speed and cost of the proceedings, the expertise and reputation of the judges, and its advantageous “split system” that resolves infringement separately from validity challenges.

Either as a stand-alone enforcement venue, or as part of a global IP strategy, Germany should be at the forefront of companies’ intellectual property plans.

This handbook provides attorneys worldwide both the fundamental framework and practical pointers for navigating Germany’s patent system. The book opens with an overview of the judicial system, along with a background on patent prosecution and opposition proceedings in the European Patent Office. The handbook then explains key aspects of patent litigation in Germany, including:-

  • Trial procedure;
  • Claim construction;
  • Damages;
  • Nullity (invalidity) proceedings;
  • Discovery;
  • Customs enforcement actions;
  • Employment law regarding inventions; and
  • Budgeting of patent cases.
The book also provides forms and legislative materials, including translations (unofficial) of key intellectual property provisions, such as of the German Patent Act, Utility Model Act and the Act on Employee’s Inventions.

Authored by active patent litigators in Germany and the United States, this handbook explains the German system in the context of U.S. proceedings, and concludes with a comparison of key provisions of the U.S. and German patent systems. For in-house counsel, as well as for seasoned international litigators, this handbook offers valuable lessons for patent procurement, enforcement, and defense.

Subjects:
Intellectual Property Law, Other Jurisdictions , Germany
Contents:
List of Tables
List of Figures
Preface
List of Abbreviations
Chapter 1 Why Germany?
Chapter 2 Sources of Law
Chapter 3 Structure of Legal System
Chapter 4 Forms of Patent Protection: Background on Prosecution
Chapter 5 Patentability Standards
Chapter 6 Opposition Proceedings
Chapter 7 Nullity Actions
Chapter 8 Pre-Suit Considerations and Infringement Trial
Chapter 9 Preliminary Injunction Proceedings
Chapter 10 Claim Construction and Infringement
Chapter 11 Discovery and Evidence Taking
Chapter 12 Damages
Chapter 13 Inventorship and Ownership
Chapter 14 Customs Actions
Chapter 15 Budgeting a Patent Enforcement Case
Chapter 16 Samples
Chapter 17 Legal Texts
Chapter 18 Key Differences between U.S. and European Patent Laws
Index.