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History
The Federal Patent Court is a supreme federal court and falls within the remit of the Federal Ministry of Justice and Consumer Protection. It commenced its work on 1 July 1961.
Up until that point, decisions by the examining sections and divisions of what was then the German Patent Office were reviewed by the ‘Boards of Appeal’. These boards formed part of the Patent Office and their members were civil servants. There was no possibility of bringing an appeal before a court against the boards’ decisions.
However, in its decision of 13 June 1959, the Federal Administrative Court ruled that a decision by the Patent Office’s Boards of Appeal constitutes an act by an administrative authority, and is therefore subject to judicial review. Article 19 (4) of the Basic Law ensures that anyone who believes that his or her rights have been violated by public authority can demand that those decisions be reviewed by independent courts. The Boards of Appeal of the Patent Office were not considered courts within the meaning of Article 19 (4) of the Basic Law.
Following an amendment to the Basic Law, the federal legislature was able to establish an independent federal court for matters concerning industrial property rights with effect from 1 July 1961. Like the German Patent and Trade Mark Office, it is based in Munich.