Patent Act (Germany)
| Basic data | |
|---|---|
| Title: | Patent Act |
| Abbreviation: | PatG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Intellectual Property |
| References : | 420-1 |
| Original version from: | May 25, 1877 ( RGBl. P. 501) |
| Entry into force on: | July 1, 1877 |
| New announcement from: | December 16, 1980 ( Federal Law Gazette 1981 I p. 1 ) |
| Last revision from: | May 5, 1936 (RGBl. II p. 117) |
| Entry into force of the new version on: |
predominantly October 1, 1936 (Section 56 (1)) |
| Last change by: |
Art. 4 G of October 8, 2017 ( Federal Law Gazette I p. 3546, 3547 ) |
| Effective date of the last change: |
April 19, 2018 (Art. 6 G of October 8, 2017) |
| GESTA : | C124 |
| Please note the note on the applicable legal version. | |
In addition to the trademark law , utility model and design law , the patent law ensures the protection of new creative developments in German law .
history
On May 25, 1877, the first Reich Patent Law was passed, which also provided for the establishment of an authority that was to issue patents. New patent laws were enacted in 1891 and 1936. The last revision of the Patent Act 1936 is dated December 16, 1980. It has been in force since January 1, 1981 and has since undergone a considerable number of changes, some of them more serious, for example in 1993, 1998 and 2005 in connection with the Biotechnology .
Content of the law
The Patent Act defined in §§ 1 - the 25 of the Patent Law Patent and calls the patentable inventions . First, a teaching on technical action must be available. In the case of national patents - largely the same as in European patents - this must be new compared to the state of the art, be based on an inventive step and be commercially applicable (Sections 1 - 5 PatG). It is now also possible to patent biological materials and products made from biological materials. The human body, its cells and gene sequences are not patentable (Section 1a PatG). Inventions that violate public order or morality are also not patentable . In particular, the use and cloning of embryos and human beings is not permitted.
The second and third sections (Sections 26-33; Sections 34-64 PatG) describe the establishment and operation of the Patent Office (DPMA) (seat: Munich ) and the procedure before the DPMA.
The Federal Patent Court (BPatG) was set up to resolve disputes with the patent office, the existence or non-existence of a patent or the compulsory license . It is a higher federal court with its seat in Munich, which has the rank of higher regional court, so that the appeal instance is the Federal Court of Justice in Karlsruhe .
The proceedings before the patent court are
- the complaints procedure (Sections 73 - 80 PatG)
- the nullity proceedings (Sections 81 - 84 PatG) and
- the compulsory licensing procedure (§§ 85, 85a PatG)
Appeal, appeal and appeal against the decisions are admissible, which lead to the Federal Court of Justice.
The patent law gives the holder of a patent various civil law claims for injunctive relief and compensation , information, recall or destruction, provided that he has to accept infringements of his patent or a legal infringement is to be feared, for example through patent fame (§§ 139ff., 146 PatG).
With the criminal provisions according to § 142 PatG, the patent law also belongs to secondary criminal law .
In all other disputes, these matters are assigned to the civil chambers of the regional courts (Section 143 (1) PatG). The jurisdiction is concentrated in some regional courts, in some cases across borders.
literature
- Friedrich-Karl Beier , Andreas Heinemann (ed.): Patent and design law . CH Beck, Munich 2008, ISBN 978-3-406-56963-0 .
- Georg Benkard (abbreviation): Patent Act. 11th edition. CH Beck 2006, Munich 2015 ISBN 978-3-406-66359-8 .
- Rudolf Kraßer , Christoph Ann : Patent Law . Textbook on German and European patent and utility model law. 7th edition. Verlag CH Beck, Munich 2016, ISBN 978-3-406-67276-7 .
- Rudolf Busse (starter), Alfred Keukenschrijver (publisher): Patent Law. 8th edition. W. de Gruyter, Berlin 2016, ISBN 978-3-11-032378-8 .
- Peter Mes : PatG. GebrMG. Comment. 4th edition. Verlag CH Beck, Munich 2015, ISBN 978-3-406-67644-4 .
- Rainer Schulte (Ed.): Patent Act with European Patent Convention. Comment based on German and European case law. 9th edition. Carl Heymanns, Cologne / Munich 2014, ISBN 978-3-452-27586-8 .
- Uwe Fitzner , Raimund Lutz , Theo Bodewig (eds.): Comment on patent law. 4th edition. Publishers CH Beck / Franz Vahlen, Munich 2012, ISBN 978-3-8006-3591-7 .
Web links
Individual evidence
- ↑ DPMA - history. In: dpma.de. Retrieved April 26, 2016 .
- ↑ Benkard / Rogge, PatG, 10th edition. Introduction, paragraph 7
