Fundamentals and Jurisdiction in Patent Law
Patents protect inventions across all fields of technology. A patent is granted upon application and following thorough examination, provided the invention is new, involves an inventive step, and is industrially applicable. Granted patents can be challenged through opposition proceedings or nullity actions. Patent law is the most economically significant area of intellectual property rights, which also include design rights and utility models.
In Germany, the German Patent and Trademark Office (DPMA) in Munich is responsible for the examination and grant of national patents. In Switzerland, this task is handled by the Swiss Federal Institute of Intellectual Property (IPI). Many patent applications from Germany and Switzerland—both member states of the European Patent Convention (EPC)—are filed through the European Patent Office (EPO). Once granted, a European patent can currently be validated in up to 39 member states.
A major development since 1 June 2023 is the availability of the Unitary Patent, as an alternative to the traditional European patent. Once granted, the Unitary Patent offers uniform protection across 18 participating EU member states. This is particularly attractive for companies seeking patent protection across multiple European jurisdictions.
Many patented inventions originate from employees, particularly in research and development. In Germany, the Employee Inventions Act (ArbEG) governs the employer’s rights to claim and compensate such service inventions. We also advise extensively on this subject, for example, in drafting lump-sum compensation agreements.
The statutory basis of patent law is found in the German Patent Act (PatG) and in Switzerland’s Patent Act, with the European Patent Convention (EPC) forming the cornerstone of European patent law.
