Follow up: Revised German Patent Act is now in Force

Besides the discussion around the exception to the automatic injunction – where Germanys presiding judges in patent infringement chambers have already taken their position – as reported by Juve – it is important to note that not all changes come into force immediately.

The law includes a 9-month grace period for Germany’s Patent Court to apply sec. 83 (1) of the Patent Act. This provision is supposed to close the so-called injunction gap. Hereafter the Patent Court needs to give its assessment over a pending nullity action within 6 months from filing the action. However, the Patent Court would most likely not have been able (due to high caseload) to immediately ensure such 6-month period. The Court was…