In the case of intergovernmental bodies, the Constitutional Court only reviews the minimum standards. At the European Patent Office in Munich, these were possibly not guaranteed everywhere.
Companies now have sufficient opportunities to legally defend themselves against decisions by the European Patent Office. In the past there have been deficits, the Federal Constitutional Court in Karlsruhe announced on Thursday. However, these have largely been remedied since a structural reform in 2016. Several constitutional complaints by German and foreign companies were therefore unsuccessful.
The companies had appealed against various decisions of the Boards of Appeal of the Patent Office. This is where you can go if the grant of a patent has been refused or if an existing patent has been revoked or revoked. They were of the opinion that there was a general and obvious lack of legal protection and that basic procedural rights were being violated.
The European Patent Office, founded in 1973, has its headquarters in Munich, but as an intergovernmental institution it is only subject to limited control by the German Constitutional Court. The judges only check whether the minimum protection of fundamental rights required by the Basic Law has been violated. For example, the German legislature must ensure that those affected have effective legal protection when measures are taken by the institution.
Are there deficits at the patent office?
The Second Senate sees certain deficits in the previous structure of the Patent Office. Among other things, the President of the Office was able to propose disciplinary measures against members of the chambers. These were also appointed at his suggestion.
Since the reform, the Boards of Appeal have formed an independent entity headed by the Chairman of the Enlarged Board of Appeal as President. This is independent of the President of the Office and now also has the right to propose appointments and disciplinary measures. Previously, the chambers were part of a General Directorate of the Patent Office. (Az. 2 BvR 2480/10 and others)
The European Patent Office examines European patent applications for inventors, scientists and companies from all over the world in a centralized and uniform procedure. European patents are protected in the 39 member states of the European Patent Organization and in 5 other countries, some outside of Europe.
As an additional option, the so-called unitary patent will be introduced this year, which is supposed to be simpler and cheaper. Although European patents are granted centrally, they have to be validated and maintained individually in each country. This is to be omitted in the EU states that participate in the unitary patent.
Source: Stern
Jane Stock is a technology author, who has written for 24 Hours World. She writes about the latest in technology news and trends, and is always on the lookout for new and innovative ways to improve his audience’s experience.
