Re: ccraider
posted on
Mar 24, 2009 11:35AM
A European Patent has validity in all member states. The German Patent is specific to Germany.
Because validity was confirmed in Germany does not mean that this ruling is enforceable in every other member state. Each member state is allowed to interpret validity according to their respective legislation but may give weight to any other member state rulings.
Having said that, some member states will automatically accept each others findings as to validity.
Any company in Germany, manufacturing, importing or exporting products containing the patented article is therefore liable for infringement. Interestingly, from my understanding, the alleged infringing product need never be in Germany for a claim of infringement. For example, a company based in Germany, who outsources the manufacture of a product containing the patented item for delivery to another counrty would also be liable. (Corrections more than welcome).
Be well