Nullity

The proceedings for declaring full or partial nullity or invalidity of a German patent can be initiated by any person by the filing of an appeal with the Federal German Patent Court (FGPC). The scope of the invalidity proceedings has to be defined in the request which is necessary for this purpose.

Grounds for invalidity include:

  • lack of patentability,
  • insufficient disclosure,
  • unlawful usurpation,
  • inadmissible extensions in the grant procedure, and
  • extension of the scope of protection of the patent.

Invalidity of a European patent can be enforced in national proceedings.