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Message: Re: HUNTINGTON-L (Everything you wanted to know about patents in Germany)
4
Feb 02, 2009 05:01PM

Is there any way of finding out how long the process of VALIDATION by the German Court took.....


The average duration of nullity proceedings at the Federal Patent Court (first

instance) at present is about 18 months

2, provided that no hearing of evidence is

scheduled.

The appeal proceedings usually last approximately 24 to 36 months. As a result, the

total length of nullity proceedings in two instances generally accounts to

approximately three to four years

3. For comparison, from 1980 to 1995 the average

duration of the opposition proceedings at the EPO was 1.9 years (first instance) and

2.1 years for the appeal proceedings, totaling 4 years for two instances.

Infringement proceedings, on the other hand, are handled by the German Civil Courts

and the judges of these Courts have legal background. Notably, neither nullity nor

infringement proceedings are jury trials.







I urge that the contents of the following link are read in their entirety:



http://ip-campenhausen.de/Nullity.pdf





Be well




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