National Law relating to EPC, X. Miscellaneous, Germany
Contracting state | Germany |
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1Simultaneous protection allowed? |
Essentially yes; However simultaneous protection is not allowed if the subject of the national patent is an invention for which the same inventor or their legal successor has been granted an EP patent with the same priority effective in the Federal Republic of Germany which by virtue of the opt-out provision in Article 83(3) of the Agreement on a Unified Patent Court is not subject to the sole jurisdiction of the Unified Patent Court. In such cases, to the extent that it protects the same invention as the EP patent, the national patent ceases to have effect from the date on which (a) the period for filing the notice of opposition to the European patent expires without such notice being filed, or (b) the opposition proceedings are finally closed, the European patent having been maintained, or (c) the opt-out provision under Article 83(3) of the Agreement on a Unified Patent Court took effect as regards the EP patent, if this occurs after the dates in (a) or (b), or (d) the national patent is granted if such date falls after those provided for in (a) to (c). Simultaneous protection for utility models is also allowed. Art. II § 8(1) LIPC |
2Territorial field of application |
Territory of the Federal Republic of Germany |