Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Munich Regional Court Clarifies When Claims for Transfers of Patents Become Time-Barred

By Anette Gaertner & Jonathan Diehl on June 19, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

Germany is one of the most important patent litigation jurisdictions in Europe, making developments in its patent law very important to life sciences companies operating globally. In recent years, the number of cases regarding claims for the transfer of patents has risen steadily in Germany. If an application is filed by someone who is not entitled to the patent, the inventor (or his successor) can demand that the application or granted patent be transferred to him.

When does that transfer claim become time-barred: Three years, or thirty years after the application has been published?  In a recent judgment, the Munich Regional Court discussed this question in considerable detail. The relevant period is just three years – a decision with significant implications. Life sciences companies need to be aware that they must enforce any such claims on an expedited time frame. Depending on the perspective (claimant or defendant?), this is good or bad news. In any event the Munich decision clarifies the legal situation. For more information, see our case note in the upcoming issue of Medizin Produkte Recht. Please note that the article is in German.

Photo of Anette Gaertner Anette Gaertner
Email
  • Posted in:
    Intellectual Property
  • Blog:
    Life Sciences Legal Update
  • Organization:
    Reed Smith LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo