Distinguish registration, validity challenges and infringement disputes before choosing a procedural route.
German rights
The DPMA handles German patent and trade mark applications and relevant opposition or cancellation proceedings. Depending on the decision, review may lie with the Federal Patent Court and, subject to statutory requirements, the Federal Court of Justice. Patent nullity proceedings must be distinguished from infringement litigation.
European institutions
EPO decisions may be reviewed by its Boards of Appeal; the Enlarged Board is not a general further appeal tier. EUIPO proceedings may lead to its Boards of Appeal, the General Court and, on legal questions and subject to applicable admission rules, the Court of Justice. UPC litigation has a first instance and a Court of Appeal.
Urgent relief and enforcement
Interim injunctions, protective letters, evidence preservation and enforcement require separate procedural assessment. Standard-essential patent disputes may also involve FRAND negotiations and competition-law arguments. Customs and criminal procedures have distinct purposes and requirements. No general overview can calculate a deadline: provide the full decision, annexes, service records and prior correspondence.
Official sources
www.dpma.de · www.epo.org · www.euipo.europa.eu · curia.europa.eu
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