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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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13/06/2024
What’s in a name? The use of a product code in a clinical trial protocol...
The use of product or sponsor codes in clinical trial related documents is common practice in the pharmaceutical space. However, such codes may not always be sufficient to disregard a publication as relevant...
Law-Now Patent and Utility Patent Law
16/05/2024
A broader interpretation of "substance or composition" - good news for...
A recent decision from the EPO Boards of Appeal (T 1252/20) potentially paves the way for more diverse products to be patentable in Europe using the medical use claim format.The back­ground:Art­icle 53(c)...
Law-Now Patent and Utility Patent Law
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 Patent and Utility Patent Law
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
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