Monday, August 2, 2021

Patent injunction 'reform' bill expected to be signed into law next week by Germany's Federal President

In late June, the Federal Council of Germany decided not to veto a patent "reform" bill that the country's Federal Parliament had adopted two weeks earlier. I have previously voiced my opinion that the practical impact is going to amount to a cost increase (particularly affecting defendants) without moving the goalposts unless a plaintiff makes an inexcusable mistake. In particular, patentees should give serious consideration to making a formal licensing offer so as to counter any claims of irreparable harm to a defendant and/or any third parties.

The measure is designed to take immediate effect, but in order to do so, it needs to be signed into law by Federal President Frank-Walter Steinmeier and, finally, published in Germany's Federal Law Gazette. The Federal President's Office informed me today that the bill is presently undergoing a routine check and slated to be signed into law next week (i.e., the week of August 9).

The latest edition of the Federal Law Gazette was published on Friday (July 30; Part I) and today (August 2; Part II). The publication data of the next edition is to be determined. The German legislature has recently been very busy enacting laws just before the September elections. As a result, the Federal Law Gazette may face a certain backlog, but assuming that the Federal President's staff doesn't identify any impediments to enactment (I'd be really surprised if they did) and the signing into law happens next week, I would assume that publication happens either later this month or early next month.

As for my planned subscription service, I still have to announce the specifics and am currently awaiting some further information, particularly--but not only--with respect to the Munich I Regional Court's third patent infringement division's schedule.

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