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Patent and Utility Patent Law

Germany

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)

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03/06/2015
Jason In­dus­tries, Inc., grows in Europe with ad­vice...
31 Jan 20
A Short Guide: Pri­or­ity En­ti­tle­ment at the EPO
Art­icle 87 EPC Pri­or­ity right (1) Any per­son who has duly filed, in or for (a) any State party to the Par­is Con­ven­tion for the Pro­tec­tion of In­dus­tri­al Prop­erty or (b) any Mem­ber of the World Trade Or­gan­iz­a­tion,...
March 2014
Up­date Gew­erb­lich­er Rechtss­chutz und Kar­tellrecht 03/14...
15 Jan 20
Can newly dis­covered can­nabis com­pounds be pro­tec­ted by pat­ents?
A break­through dis­cov­ery has re­cently hit the news: tet­rahy­drocan­nabi­phorol (THCP) and can­na­bid­i­phorol (CB­DP), two new can­nabin­oid com­pounds, have been dis­covered in Can­nabis sativa and char­ac­ter­ised...
Mai 2013
Up­date Gew­erb­lich­er Rechtss­chutz und Kar­tellrecht 05/13...
18 Oct 19
Re­vised Rules of Pro­ced­ure of the European Pat­ent Of­fice Boards of...
The Rules of Pro­ced­ure of the Boards of Ap­peal are the rules that gov­ern the way ap­peals are con­duc­ted at the European Pat­ent Of­fice (EPO). The EPO has re­cently ap­proved changes to these rules, which...
13 Sep 19
SPC Double Whammy - In­ter­pret­ing Art­icle 3(a) of the SPC Reg­u­la­tion
Sum­mary At the end of June, the CJEU heard the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from the Eng­lish Court of Ap­peal for Searle’s...
13 Jun 19
SPC Man­u­fac­tur­ing Waiver to come in­to ef­fect 1 Ju­ly 2019
Gen­er­ics com­pan­ies will soon be able to man­u­fac­ture SPC-pro­tec­ted drugs for ex­port out­side the EU un­der new man­u­fac­tur­ing waiver pro­vi­sions. In the last six months of the SPC life­time, it will also be...
30 May 19
EPO's strict ap­proach to de­cid­ing if a com­pos­i­tion can be­ne­fit from...
The EPO Tech­nic­al Board of Ap­peal (TBA) re­viewed the law around nov­elty of use, and de­term­ined that in the case of Car­di­oPoly­mer, Inc.'s European pat­ent ap­plic­a­tion (EP07837908.8), the claimed chem­ic­al...
01 Apr 19
European Pat­ent Of­fice 2018 An­nu­al Re­port
The European Pat­ent Of­fice (EPO) 2018 An­nu­al Re­port was pub­lished this month show­ing cur­rent trends in the use of the sys­tem, as well as how the sys­tem is per­form­ing against qual­ity con­trol mark­ers. The...
27 Mar 19
Judg­ment on Ab­rax­is C-443/17; 21st March 2019
The CJEU de­livered its judg­ment last week on the case of Ab­rax­is v Comp­troller Gen­er­al of Pat­ents con­cern­ing Sup­ple­ment­ary Pro­tec­tion Cer­ti­fic­ates (SPCs) for new for­mu­la­tions of medi­cin­al products. The...