Die Aufbrauchfrist im Patentverletzungsprozess

For the first time, this work deals comprehensively with the legal institution of a grace period in patent infringement proceedings. By granting such a grace period, the automatic injunction in accordance with Sec. 139 (1) of the German Patent Act can be limited temporally in case of disproportionality. The case groups of complex products, ambush situations and legitimate interests of third parties are particularly relevant in this context. After a detailed examination of these case constellations and of the grace period in general, the author presents an independent solution in which he advocates an extended application of the grace period.