German Federal Court Of Patents
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German Federal Court Of Patents
The Federal Patent Court (german: Bundespatentgericht, abbreviation: ''BPatG'') is a German federal court competent for particular legal matters, such as patent and trademark cases. It has its seat in Munich, Germany, and was established on July 1, 1961. Within Germany's dual system, in which patent infringement proceedings and nullity suits are dealt with before different courts, the Federal Patent Court is in charge of nullity suits, i.e. deciding upon challenges to the validity of German and European patents having effect in Germany. See also * ''Deutsches Patent- und Markenamt'' (DPMA) * Federal Patent Court (Switzerland) * German patent law German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent applicati ... References External links * German patent law German intellectual prope ...
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Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Seat (legal Entity)
In legal English, the seat of any organization is the center of authority. Commercial The seat of a corporation is the publicly registered headquarters, or registered office of a corporate entity. Also referred to as the siège reel, or head office. It is the legal center of operations, and the locale which generally determines what laws bind the corporation. Government A seat is a competitive position of trust, or public trust, within a government normally filled by election. The politician represents a constituency of citizens, and may hold the seat for a limited term after which the electorate votes once again to fill the seat. At the time the politician gains authority, the politician is said to be ''seated''. During the politician's term, they are considered to be the ''sitting'' trust of that seat. For example, from 2017 to 2021, the sitting President of the Australian Senate was Scott Ryan. If an incumbent politician fails to win an election or is removed from office, ...
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Munich
Munich ( ; german: München ; bar, Minga ) is the capital and most populous city of the States of Germany, German state of Bavaria. With a population of 1,558,395 inhabitants as of 31 July 2020, it is the List of cities in Germany by population, third-largest city in Germany, after Berlin and Hamburg, and thus the largest which does not constitute its own state, as well as the List of cities in the European Union by population within city limits, 11th-largest city in the European Union. The Munich Metropolitan Region, city's metropolitan region is home to 6 million people. Straddling the banks of the River Isar (a tributary of the Danube) north of the Northern Limestone Alps, Bavarian Alps, Munich is the seat of the Bavarian Regierungsbezirk, administrative region of Upper Bavaria, while being the population density, most densely populated municipality in Germany (4,500 people per km2). Munich is the second-largest city in the Bavarian dialects, Bavarian dialect area, ...
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Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ...
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European Patent
The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. The term ''European patent'' is used to refer to patents granted under the European Patent Convention. However, a European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents, subject to central revocation or narrowing as a group pursuant to two types of unified, post-grant procedures: a time-limited opposition procedure, which can be initiated by any person except the patent proprietor, and limitation and revocation procedures, which can be initiated by the patent proprietor only. The EPC provides a legal framework for the granting of European patents, via a single, harmonised procedure before the European Patent Office (EPO). A ...
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Deutsches Patent- Und Markenamt
The German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt; abbreviation: DPMA) is the German national patent office, with headquarters in Munich, and offices in Berlin and Jena. In 2006 it employed 2556 people, of which about 700 were patent examiners. Function and status The DPMA is the central authority in the field of intellectual property protection in Germany. Its responsibilities include the granting of patents for the registration of industrial designs, trademarks and designs, as well as for informing the public about existing industrial property rights. Recognised partner of the DPMA is the '' Patentinformationszentrum'' (Patent Information Centre), united in the ''Deutscher Patentinformationszentren e.V'' (German Patent Information Centres Association). The legal basis of the German Patent and Trademark Office is § 26 of the ''Patentgesetz'' (German Patents Act). History The first unified ''Patentgesetz'' (German Patent Act) was adopted on 2 ...
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Federal Patent Court (Switzerland)
The Swiss Federal Patent Court (German: ''Bundespatentgericht'', French: ''Tribunal fédéral des brevets'') is a Swiss federal court competent for particular legal matters, such as patent cases. It has its seat in Sankt Gallen, Switzerland. In Switzerland, the court has exclusive jurisdiction with regard to the Swiss/Liechtenstein unitary patents, whether these unitary patents are European patents or "national" patents, in questions of validity and infringement disputes, preliminary measures and enforcement of decisions made under its exclusive jurisdiction. Appeal is possible (with regard to legal issues) to the Federal Supreme Court. The court started its work in 2012, taking over jurisdiction from 26 individual cantonal courts and consists of panels of both legally and technically qualified judges. See also * Federal Patent Court of Germany * Swiss Federal Institute of Intellectual Property * Copyright law of Switzerland References Further reading * External links ...
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German Patent Law
German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent application with the German Patent and Trade Mark Office (german: Deutsches Patent- und Markenamt) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into either the European phase or the national (German) phase of said international application (Euro-PCT route). The German patent has a term of 20 years. Litigation The German patent litigation system is one of the few patent systems in which the issue of patent infringement and of patent validity are dealt with by different courts. The district courts deal with infringement, whereas the Federal Patent Court (German: ''Bundespatentgericht'') i ...
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German Intellectual Property Law
German(s) may refer to: * Germany (of or related to) **Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Germanic peoples (Roman times) * German language **any of the Germanic languages * German cuisine, traditional foods of Germany People * German (given name) * German (surname) * Germán, a Spanish name Places * German (parish), Isle of Man * German, Albania, or Gërmej * German, Bulgaria * German, Iran * German, North Macedonia * German, New York, U.S. * Agios Germanos, Greece Other uses * German (mythology), a South Slavic mythological being * Germans (band), a Canadian rock band * "German" (song), a 2019 song by No Money Enterprise * ''The German'', a 2008 short film * "The Germans", an episode of ''Fawlty Towers'' * ''The German'', a nickname for Congolese rebel André Kisase Ngandu See also * Germanic (other) * Germa ...
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