Patent Enforcement

Question 1

Are patents private rights?

Answer 1

Yes. Therefore the enforcement is the domain of civil/commercial litigation.

Question 2

Patent remedies are partially harmonized in the EU in the

Answer 2

Enforcement Directive (2004/48/EC)

Question 3

Preliminary injunction

Answer 3

Decisions issued by courts in a simplified procedure that introduce provisional measures applicable before the final decision on the merits is handed down.

Question 4

Typical patent litigation revolves around two issues:

Answer 4

The fact of infringement and the validity of the patent

Question 5

Declaration of invalidity (revocation)

Answer 5

Retroactive effect - as if patent never happened. Invalidation removes the patent and the claim based on such a patent must be dismissed in its entirety

Question 6

Bifurcation

Answer 6

Civil or commercial courts cannot evaluate the patent’s validity. The only body competent to examine the validity is the Patent Office.

Question 7

Preliminary decisions can be made ex parte

Answer 7

They can be made without hearing the defendant if the matter is urgent

Question 8

Preliminary injunctions may be appealed

Answer 8

Patent holder will be obligated to compensate the defendant