SONN Patentanwälte – IP Attorneys

UPC Local Division: Substantive Decision: Bifurcation, Binding Effect, Amended Claims

In separate proceedings in which the counterclaim for a declaration of invalidity was referred by the Local Division to the Central Division (bifurcation), the Local Division is bound by the new wording of the claims resulting from the amendment of the patent in suit by a decision of the Central...

State of the Art and Bifurcation

According to German Patent Law the courts are bound by the grant of a patent by the respective Patent Office. In consequence thereof they cannot hold a patent as null and void: an action for declaration of non-infringement cannot be based on the lack of patentability of the patent. However, a...