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.
Cohausz & Florack wins Managing IP Award 2025 in the category “Germany Impact Case of the Year”
Award for outstanding performance in Federal Court of Justice landmark decision X ZR 104/22
Cohausz & Florack is “European Cross-Border Patent Litigation Team of the Year”
Managing IP Award 2025 recognizes the firm’s outstanding performance in the Bayer / Xarelto proceedings
Microsoft Faces HEVC Lawsuit in Germany
Strategic Enforcement of Standard-Essential Patents
Iconic – or even a work of art?
Federal Court of Justice denies copyright protection for Birkenstock sandals