The Object and Purpose of Intellectual Property
Show Less

The Object and Purpose of Intellectual Property

Edited by Susy Frankel

Much of the debate around the parameters of intellectual property (IP) protection relates to differing views about what IP law is supposed to achieve. This book analyses the object and purpose of international intellectual property law, examining how international agreements have been interpreted in different jurisdictions and how this has led to diversity in IP regimes at a national level.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 10: Patent invalidation and legal certainty

Christoph Ann

Abstract

In Germany, an increasing number of patents are struck down in nullity proceedings. As a result, two German studies suggested that a respective percentage of all patents granted had to be considered latently invalid, in some areas more than 70 per cent. Were this true, it would be a concern – for right holders and for the patent system at large – because infringers then could disrespect patents and gamble to sue them out of their way, should they ever be sued for infringement. Two questions need to be answered: first, how valid are patents issued by the world’s leading patent offices? Secondly, how much legal certainty can patent holders expect from these patents? In Germany, the balance seems to be struck too far against patent holders because granted patents must be reliable; why else should SME applicants, especially start-ups, seek costly patent protection?

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.