Fehlsteuerungen im Patentrecht

The German patent system faces increasing criticism. Given the constantly rising number of patents, it is criticised that the validity of the patent is unresolved for too long. Moreover, patents are increasingly traded like conventional economic goods and used as loan securities. They are a bargaining chip between companies and can amount to market barriers. This causes an imbalance between fostering innovation as the purpose of patent protection and competition. The German principle of bifurcation also favours patentees.

This thesis analyses the criticism and identifies the causes of the current difficulties. It traces possible solutions under current law. On this basis, it proposes a procedural solution. The proposed solution is inspired by US patent law and respects the principle of bifurcation and the right to an injunction.