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  • Gottfried Schüll

Parliament passes bill to modernize German Patent Act

C&F considers significant changes in practice unlikely

Düsseldorf, June 29, 2021 - On June 25, the new bill for the Simplification and Modernization of the German Patent Act (PatRModG) was passed by the Bundesrat (the higher chamber of German parliament). Among other things, it provides for the restriction of the patent owner’s injunctive relief claim in exceptional circumstances for reasons of (dis)proportionality. In addition, it is intended to contribute to improving the protection of trade secrets in patent litigation. The bill also foresees procedural changes to better synchronize infringement proceedings before the civil courts and nullity proceedings before the Federal Patent Court.

Experts have already extensively discussed the adoption of the PatRModG by the Bundestag (the lower chamber of German parliament). Cohausz & Florack (C&F) considers this in particular as a threat to Germany as a center of innovation (see C&F press release dated November 2, 2020). Criticism has been directed, inter alia, against the injunctive relief restriction. According to JUVE Patent, the new law has seen a good deal of lobbying and outside influence in the run-up. However, patent judges expect it to have little impact on the current legal situation, according to JUVE. According to the judges interviewed by JUVE, the automatic injunction will continue to be the rule in German patent proceedings. C&F takes a similar view: "The PatRModG has codified the current case law of the Federal Court of Justice. However, we consider significant changes in practice unlikely," says Gottfried Schüll, patent attorney and partner at C&F.

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