Client Alert
| August 13, 2009
German Patent Law Modernisation Act to Streamline Appellate Proceedings in Patent Law Cases and to Strengthen Employers Position With Regard to Employee Inventions
Having been approved by both the lower and upper parliament, the German Patent Law Modernisation Act (Patentrechtsmodernisierungsgesetz – "Patent Modernisation Act") will enter into force on 1 October 2009. The main objective of the Patent Modernisation Act is to streamline patent and trademark applications and to simplify the appeal procedure in patent litigation. Under the new provisions of the act, the appeal court will no longer have to hear the whole case, including the facts, again but rather can confine itself to revising the judicial decision of the court of first instance, thereby focusing on the legal issues of the case. Furthermore, the appointment of an expert, which is currently required for every appeal procedure, will only be necessary in exceptional cases going forward. With these amendments, the Patent Modernisation Act aims to substantially reduce the duration of appellate proceedings in patent cases, which currently last for about four years on average.
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This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent.
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