Changes
The introduction of fully fledged patent examination proceedings including examination of novelty and inventive step.
The introduction of a new utility model (unexamined on the merits and with a 10-year term).
Post-grant opposition proceedings for all patents that also include the alleged lack of novelty and inventive step.
Administrative cancellation proceedings against utility models, which can be initiated at any time, even after nine months from the grant.
The possibility of appeal proceedings before the Federal Administrative Court in examination proceedings; judges with technical expertise may be appointed.
As mentioned above, the most important proposed innovation is the introduction of a national patent based on a fully fledged patent examination by the Intellectual Property Institute (IPI). Under current law, the IPI carries out only a limited examination of national patent applications dealing only with the technical character of the claimed invention, suffici
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The new unitary patent system and the harmonized jurisdiction of a new Unified Patent Court will improve patent protection for patent owners in Europe.
On December 18, 2020, Germany cleared the path for the European Unitary Patent System, which is expected to launch early 2022. Germany was the last European state whose ratification was required. In November 2020, the German Bundestag approved the introduction of a European Unitary Patent (UP) and a Unified Patent Court. On December 18, the German Bundesrat agreed. (The German President still needs to sign the law before it comes into effect, however, this action is deemed to be a formality.) Germany will subsequently inform the Council of Europe Secretariat of the ratification, and the Unified Patent Court can then be established.