Suppose you realize that a competitor’s patent does not go beyond the “prior art” and also hinders your business activities. You can take action against the patent within nine months of its grant in opposition proceedings. Opposition proceedings are heard by the European Patent Office (EPO) or the German Patent and Trademark Office (DPMA). We, the COHAUSZ & FLORACK partners, will prepare your appeal and advise and assist you during the proceedings.
The flexible alternative: nullity proceedings
A patent can be declared invalid in nullity proceedings. The action may be brought at any time even after the patent expires (max. 20 years). However, the costs are higher than for opposition proceedings. Nullity proceedings are typically a response to suspected patent infringement. The Federal Patent Court (Bundespatentgericht – BPatG) is responsible for nullity proceedings for German patents and the Unified Patent Court (UPC) for certain European patents.
We, the COHAUSZ & FLORACK partners, have handled more than 3,000 lawsuits in all corners of the globe. We are familiar with the markets and jurisdictions of the individual countries and have a huge international network at our disposal. This is indispensable – especially in the highly competitive field of electronic systems. We will develop your appeal and provide advice and assistance throughout the process.
Germany: EU directives boost IP enforcement on and offline
in: WTR Anti-counterfeiting and Online Brand Enforcement: Global Guide 2026
A comprehensive guide to supplementary protection certificates in Europe as regulation controversy heats up
in: IAM - The Guide to Life Sciences: Key issues for senior life sciences executives
Recording CFWebinar: PPWR unwrapped - Design packaging, understand the law. Between creativity and legal requirements.
Webinar-Recording from 20.05.2026
ChIPs Female Leadership in IP and Tech Networking Event
July 14, 2026 at COHAUSZ & FLORACK - Düsseldorf





