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This book describes the official patent grant procedure before the German Patent and Trade Mark Office and the European Patent Office and provides practical guidance to achieve a swift patent grant. If the patent grant is not successful, the patent office s rejection decision can be challenged by a so-called applicant s appeal. An existing third-party patent can be challenged within the opposition period through an opposition procedure. After the opposition period has expired, it is possible to request the invalidation of the third-party patent before the Federal Patent Court. Nullity appeal proceedings take place before the Federal Court of Justice in Karlsruhe. Additionally, there are official cancellation procedures against utility models, trademarks, and design rights. All these procedures before the DPMA (German Patent and Trade Mark Office), the EPO (European Patent Office), the BPatG (Federal Patent Court), the BGH (Federal Court of Justice), the EUIPO (European Union Intellectual Property Office), and the UPC (Unified Patent Court) are described in this book.
Inhaltsverzeichnis
Preface.- 1 Basics of Industrial Property Protection.- 2 Patent Grant.- 3 German Opposition Procedure.- 4 Appeal Procedure before the Federal Patent Court.- 5 Applicant s Appeal.- 6 German Opposition Appeal.- 7 Utility Model Cancellation Procedure.- 8 Utility Model Appeal Procedure.- 9 Legal Appeal before the Federal Court of Justice.- 10 Invalidity Proceedings.- 11 Invalidity Appeal.- 12 European Opposition Procedure.- 13 European Opposition Appeal.- 14 Patent Infringement Proceedings.- 15 Unitary Patent.- 16 Trademarks.- 17 Design Rights.
Über den Autor / die Autorin
Patent attorney Dr. Thomas Heinz Meitinger is a German and European patent attorney. After studying electrical engineering in Karlsruhe, he initially worked as a development engineer. Later positions included roles as production manager and technical director in medium-sized companies. Dr. Meitinger regularly publishes scientific articles, writes specialist books on industrial property law and technical topics, and gives lectures on patent, trademark, and design law. Dr. Meitinger holds the degrees Dipl.-Ing. (Univ.) and Dipl.-Wirtsch.-Ing. (FH). In addition, he has earned the following master’s degrees: LL.M., LL.M., MBA, MBA, M.A., and M.Sc.
Zusammenfassung
This book describes the official patent grant procedure before the German Patent and Trade Mark Office and the European Patent Office and provides practical guidance to achieve a swift patent grant. If the patent grant is not successful, the patent office’s rejection decision can be challenged by a so-called “applicant’s appeal.” An existing third-party patent can be challenged within the opposition period through an opposition procedure. After the opposition period has expired, it is possible to request the invalidation of the third-party patent before the Federal Patent Court. Nullity appeal proceedings take place before the Federal Court of Justice in Karlsruhe. Additionally, there are official cancellation procedures against utility models, trademarks, and design rights. All these procedures before the DPMA (German Patent and Trade Mark Office), the EPO (European Patent Office), the BPatG (Federal Patent Court), the BGH (Federal Court of Justice), the EUIPO (European Union Intellectual Property Office), and the UPC (Unified Patent Court) are described in this book.
