Contact
blog

IP2Innovate welcomes the call by CDU/CSU to introduce a proportionality test in the German Patent Act to better protect innovators against patent trolls

In a recent press release the German Conservatives (CDU/CSU) Elisabeth Winkelmeier-Becker and Ingmar Jung express concerns over abusive litigation practices by patent trolls, which distort the market and undermine Germany’s attractiveness as a business location. They note that in light of the high complexity of modern products, companies can no longer completely rule out the possibility of patent infringements. In this context, an unlimited right to injunctive relief create unwarranted leverage for patent trolls who buy up patents only to assert them against companies and extract disproportionately high settlements. Solutions proposed by CDU/CSU are the introduction of a proportionality test in the German Patent Act as well as a synchronisation of infringement and nullity proceedings.

IP2Innovate has long advocated in favour of bringing more balance to the German patent system so that it supports innovation and economic growth. Statistical evidence as well as the experience of IP2Innovate members show that patent trolls are increasingly targeting Germany, depriving companies of significant financial resources that are no longer available for research, development and innovation. We welcome the political support for the reform of the German Patent Act to introduce a proportionality test on injunctive relief. Such a reform is necessary to support the development and marketing of complex, multi-functional high-tech products in Germany and across Europe’s single market.

Share

Other press releases

Patrick Oliver

Patent abuse hurts European SMEs and undermines the knowledge transfer process

This year World Intellectual Property Day focuses on SMEs. As the two examples below show, patents can be an SME’s worst enemy, as well as their best friend. Abuse by patent assertion entities is a serious and growing threat in Europe, especially to small and mid-size innovative firms. The gaming of the European patent system must stop.
Managing IP

NPEs set sights on UPC and more patent acquisition - Blackbird, Dominion Harbor, Acacia, and Harfang IP say the market is hot for patent acquisitions and that litigation opportunities could soon emerge in Europe

Managing IP’s article outlining the views of Non-Practicing Entities (NPEs) on the Unified Patent Court (UPC) points out that several NPEs are gearing up for the launch of the UPC in the following months because the UPC’s centralised system “would make Europe a much easier place to litigate”. NPEs also argue that UPC would provide for another way to litigate in a “market comparable to China or the US”.
IP2Innovate

IP2Innovate welcomes Draghi’s call to improve the pipeline from innovation to commercialization

IP2Innovate welcomes the report on EU competitiveness by Mario Draghi published yesterday, and in particular its emphasis on improving innovation. The in-depth report cements competitiveness and boosting European productivity at the heart of the EU’s political agenda. It calls for Europe to improve the pipeline from innovation to commercialisation.
 Back to overview

Subscribe to our newsletter

Privacy policy

© IP2Innovate 2025 - Website door Two Impress