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Patent and Utility Patent Law

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CMS Germany has an effective and experienced team of patent and utility patent specialists. Where issues are particularly complex, we work closely with our clients' own experts and with external patent attorneys.

If all else fails, we represent you in court

Our lawyers advise and represent you in infringement cases. We have extensive experience both on the claimant's and on the defendant's side. In other words, CMS has the right strategy for you in any situation.

During preparations for patent infringement lawsuits we provide support by conducting inspections and other preservation of evidence procedures. We also advise you on nullity, opposition and cancellation proceedings.

In urgent cases we can obtain temporary injunctions on your behalf. We also take criminal and civil action against patent infringements. CMS is also the right partner for you in border seizure proceedings.

We can help prevent court cases

In addition to in-court representation, our experts can also provide out-of-court services on your behalf. Examples include:

CMS Germany's lawyers provide ongoing strategic advice on property rights, including employee inventions.

We advise on exploiting your inventions

We advise on, design and negotiate licensing, research and development and cooperation agreements to ensure the best possible protection for your interests.

What others say about us

"A frequently recommended law firm for patent law."
 (JUVE Handbook)

28/09/2020
Protecting your IP rights in a changing world
The pandemic that will define 2020 has put many types of intellectual property in the spotlight –particularly, of course, in life sciences. Who will develop an effective vaccine or vaccines for Covid-19...
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11/04/2024
Navigating clinical trial disclosures: No reasonable expectation of success...
Recent EPO Board of Appeal decision T 1437/21 adds to a growing number of decisions concerning the patentability of second or further medical use inventions where the prior art relates to a clinical trial...
Law-Now Life Sciences & Healthcare
03/04/2024
EP Case Law in Brief: Long-felt want and inventive step
“Where the invention solves a technical problem which workers in the art have been attempting to solve for a long time, or otherwise fulfils a long-felt need, this may be regarded as an indication of...
Law-Now Patent and Utility Patent Law
25/03/2024
Patentability of inventions relating to diagnostic methods at the EPO
Under Article 53(c) of the European Patent Convention (EPC), diagnostic methods practised on the human or animal body are excluded from patentability. The purpose behind this exclusion is to avoid patent...
Law-Now Patent and Utility Patent Law
18/01/2024
EP Case Law in Brief: Commercial success and inventive step
“Commercial success alone is not to be regarded as indicative of inventive step, but evidence of immediate commercial success when coupled with evidence of a long-felt want is of relevance provided...
Law-Now Patent and Utility Patent Law
21/11/2023
EP Case Law in Brief: Proof of common general knowledge
It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’...
Law-Now Patent and Utility Patent Law
16/11/2023
Are arbitration clauses relevant to patent disputes and if yes, why? –...
In a recent series of judgments, the German Federal Patent Court (BPatG) discussed the effects of an arbitration clause contained in a patent and knowhow Licence Agreement and two arbitral awards rendered...
Law-Now Arbitration
07/11/2023
Description amendments at the EPO – the Appellant agrees with the need...
Description amendments bringing the content of the description in line with the allowed claims remain a controversial topic in the European practice. As reported previously, the Board of Appeal in T0056/21...
Law-Now Patent and Utility Patent Law
06/10/2023
The European Patent Office (EPO) ‘10-day rule’
By the Decision of the Administrative Council of 13 October 2022, a number of Rules of the Implementing Regulations to the European Patent Convention have been amended. These include Rule 126 (Notification...
Law-Now Patent and Utility Patent Law
28/09/2023
EP Case Law in Brief: Erroneous Disclosures
“Mistakes in a document do not in themselves constitute prior art such as to prevent the grant of a patent.”So begins section I.C. 4.9 of the Case Law of the Boards of Appeal. This statement, and...
Law-Now Life Sciences & Healthcare
05/09/2023
Current German case law on the term “climate neutral” (klimaneutral) and...
Climate neutral – or not? The delicate use of the term “climate neutral” in advertising.In ongoing debates in society, business, politics and science around the – extremely relevant – topic...
Law-Now ESG
15/08/2023
AI in healthcare inventions – technical or not technical?
SummaryRecent European Patent Office (EPO) Board of Appeal case T 1910/20 sits among a number of decisions regarding the discussion of what constitutes technical character in the field of healthcare...
Law-Now Life Sciences & Healthcare
28/07/2023
Description amendments at the EPO – uncertainty for not (too) much longer?...
Amending the description to conform with the claims remains a challenging element of European patent practice, particularly in view of the divergent case law in the subject, and varied approaches taken...
Law-Now Patent and Utility Patent Law
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