6d Germany

Question 1

What are the 3rd party challenge options in Germany?

Answer 1

There is an opposition-after-grant system

Question 2

When is opposition available, who is it available to and what are the grounds?

Answer 2

During the nine months (non-extendible) after the publication of the grant any person may file opposition on
the grounds of lack of novelty, un-patentable (e.g. lack of novelty and/or lack of inventive steps), insufficiency,
added matter, lack of consent.

Question 3

Discuss the effects of revocation/

Answer 3

Revocation of a patent resulting from opposition proceedings works retroactively. If the patent is maintained
with restrictions, the patent specification will be amended and the amendment published.

Question 4

Discuss nullity actions.

Answer 4

Nullity actions may be brought during the life-time of the patent or even after the life-time if damages are
claimed based on the patent. However no nullity during the opposition period or if an opposition is pending.
Nullification is requested with the Patents Court

Question 5

Discuss cancellation actions.

Answer 5

Cancelation actions may be bought during the life time of a utility model before the GPTO