Patent fame
The patent fame is a term from German patent law .
Anyone who provides objects with a note that gives the impression that the object is protected by a patent or a patent application is famous for a patent or a patent application. Section 146 of the Patent Act regulates the obligation to provide information for those who are famous for a patent. Accordingly, anyone who has made a name for a patent or a patent application has to indicate on request which patent or patent application the name refers to. The right to information can be asserted separately in court or in a competitive process together with claims under competition law.
A patent owner is entitled to indicate that he or she is the owner of one or more patents. The patent owner may also indicate his intention to enforce these patents in the event of infringement. This admissible reference can, however, be legally objectionable due to its specific content or the accompanying circumstances of its use as a violation of the law against unfair competition .
An unjustified patent reputation is usually anti-competitive.
Individual evidence
- ↑ BGH GRUR 1995, 424, 425 - customer warning. (Full text at jurion.de )
