Nullity Proceedings

Patent nullity suits are in most cases the response to a patent infringement suit. If a patent is successfully nullified, the infringement suit no longer has any legal basis.

In an infringement suit, a number of claims can be asserted against the defendant, in particular for injunctive relief and damages. The cost risk of nullity proceedings can be considerable, as the amount in dispute is determined by the value of the patent and therefore usually exceeds the amount in dispute of the parallel infringement proceedings. Due to the potentially serious consequences, nullity proceedings are usually conducted by a team of attorneys at law and patent attorneys. In this way, the complex legal and technical problems associated with such proceedings can be addressed in the best possible way. A nullity suit can only be filed after any opposition proceedings. The grounds for nullity correspond to the grounds for opposition. In addition, the plaintiff can plead that the scope of protection of the patent has been extended.

A nullity suit can only be filed after any opposition proceedings. The grounds for nullity correspond to the grounds for opposition. In addition, the plaintiff can plead that the scope of protection of the patent has been extended.

In the first instance, the German Federal Patent Court is responsible for nullity suits against German patents or German parts of European patents. In the second instance, the German Federal Court of Justice is responsible.

On average, the duration of nullity proceedings for each instance is two to three years.