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Europe

Fish in Europe

 

Our Munich office, opened in 2009, offers a broad range of IP services in Germany and Europe.

 
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Our European office is located in Munich, home of the European and German Patent Offices, as well as the German Federal Patent Court. Our attorneys handle a wide range of European IP matters, including patent prosecution and patent litigation. The attorneys in our Munich office also serve clients in European trademark, design, unfair competition and antitrust matters.

More patent litigation is conducted in Germany than in any other part of Europe. Fish attorneys handle infringement litigations before the District Courts and Courts of Appeals, EPO opposition cases, and German nullity cases in the Federal Patent Court and the Federal Supreme Court.

EU Unitary Patent and UPC

In early 2013, almost all of the European Union states agreed to a package including two EU regulations that would create a European Patent with unitary effect (Unitary Patent or UP) for participating EU states, and could lower translation and post-grant costs for parties electing to use the Unitary Patent. That package also includes a Unified Patent Court (UPC) Agreement (UPCA—a treaty) that would create a Unified Patent Court, which is intended to eventually handle all litigation involving patents issued by the European Patent Office that are validated in participating EU states, including both the regular, nationally validated European Patents and the new Unitary Patents. The package was to take effect when all participating EU states ratified the UPCA. That ratification has been nearly completed.

Now, however, progress toward adoption of the UP and UPC package is stalled because the United Kingdom has left the European Union (“Brexit”) and has declared that it does not want to participate in the UPC, in order to avoid jurisdiction of Court of Justice of the European Union (CJEU). As a result, provisions of the UPC Agreement must be addressed for the package to proceed without the UK. Also, the German Constitutional Court invalidated the law permitting German ratification on procedural grounds, requiring adoption of a new ratification law.

For details on the status of the UP and UPC, see FAQ 9 on our FAQs page and our Chronology page.

For details of the proposed package, see our webpages listed below.

Patent Practice at the EPO*

2. EPO Annual Report and Strategic Plan 2023

4.a. Latest PCT developments at the EPO & 4.b. PCT Direct

5.a. General update on IP5 co-operation and PPH

5.b. IP5 Procedural Patent Harmonization (PHEP)

6.b. Grace period harmonization

7. a. Timeliness in search, examination and opposition procedures

7.b. User-Driven Early Certainty (UDEC)/Deferred examination – outcome of user consultation

7.c. Practice issues relating to clarity and amendments

8.b. Patentability of plants and animals in Europe – current issues

8.c. Harmonisation of patentable subject-matter

*Slides used with permission

Updated June 24, 2020

More about EU Unitary Patent & UPC

Munich Office

Highlight Business Towers
Mies-van-der-Rohe-Strasse 8
Munich
Germany
Telephone: +49 (89) 710 4102 - 0
Facsimile: +49 (89) 710 4102 - 44

 

Europe Services

The Fish Munich office provides a strategically important venue for our firm to provide clients with global intellectual property protection and enforcement:


Bean United Coffee Project

We proudly purchase and drink Bean United coffee in our Munich office. For every kilo of coffee beans they sell, a child in Burundi receives school meals for two weeks. For more information, visit their website.

Europe