The Principle of Separation in German Patent Law and its Implications for Patent Litigation

摘要

It's no secret that quite a few German patent attorneys and lawyers are rather proud of the effectiveness of German patent litigation. One main reason for that effectiveness might be seen in the strict separation of powers between judicial and administrative branches. There are two separate court systems and procedures for administrative and civil law issues side by side: the Patent Revocation Procedures under the exclusive jurisdiction of the German Patent Office and the Federal Patent Court on the one side and a separate patent infringement proceeding under jurisdiction of the civil courts on the other.