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Patents in Germany and Europe: Procurement, Enforcement and Defense: An International Handbook, 2nd Edition

Patents in Germany and Europe: Procurement, Enforcement and Defense: An International Handbook, 2nd Edition

Author: Alexander Harguth; Steven Carlsson
Publisher: Kluwer Law International
ISBN: 9789041159861
Published In: June 2017
Format: Hardback , 440 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Patents in Germany and Europe in its second, fully updated edition provides international lawyers with a practical understanding of Germany’s patent system, including the many legal changes that have occurred since the book’s original publication in 2011. It also addresses the implications of the upcoming Unified Patent Court. Germany’s patent system presents unique opportunities for patent holders, as well as risks for companies doing business there. Germany is one of the world’s top jurisdictions for patent enforcement because of the expertise of German courts, their unique procedures and the speed of these proceedings. Winning a patent suit in Germany is tantamount to winning the European market, and it gives the patent owner substantial leverage over opponents to achieve a worldwide settlement. In addition, suits in Germany frequently resolve well ahead of the counterpart suits in the United States, at a fraction of the cost.

What’s in this book:

This second edition provides an in-depth, step-by-step procedural analysis of aspects of current patent practice in Germany, including the following:
- Germany’s split system that bifurcates infringement from validity cases;
- obtaining discovery;
- claim construction;
- budgeting;
- implications of the upcoming new patent system, in particular the Unified Patent Court;
- Germany’s labor law regarding employee inventions; and
- customs actions.
The chapters track the structure of patent disputes, starting with the overall structure of the German judicial system, followed by topics such as patentability, patent procurement, oppositions, infringement trials and customs enforcement actions. This book concludes with an extensive selection of forms and legislative material.

How this will help you:

This book contains a clear and easily accessible illustration of the subject matter and will provide readers with sufficient information to intelligently handle their legal matters. Understanding the opportunities available in Germany provides companies with a broader toolkit for enforcing their intellectual property rights and defending against challenges brought by others. Practicing patent lawyers will not find a more complete, informed and practical guide than this book,which explains the framework for patent procurement, enforcement and defense in Germany. Many will find surprising options that have no parallel in the United States.

Features:
- Strategic guide for developing an enforceable patent portfolio in Germany, the most important business and legal forum in Europe;
- In-depth guidance on patent litigation through German courts;
- Implications of the upcoming Unified Patent Court.
Benefits:
- Providing a toolkit for international counsel to better understand the opportunities and pitfalls posed by the unique German patent system;
- Coordinating a global approach for patent litigation;
- Providing a comparative legal understanding of the German and US patent enforcement systems.
About the Authors

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

Index