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Tasks
The Federal Patent Court has jurisdiction for rulings on appeals against decisions issued by the examining sections and divisions of the German Patent and Trade Mark Office. Furthermore, the Court has jurisdiction over actions for the revocation of German patents and of those European patents that are valid in the Federal Republic of Germany. In addition to this, the Court adjudicates on actions for the grant or withdrawal of compulsory licenses or in proceedings to adjust the remuneration for a compulsory licence set by a judgment. Finally, the Federal Patent Court also has jurisdiction for rulings on appeals against decisions issued by the appeal committees of the Federal Plant Variety Office. It does not, however, have competence over disputes concerning the infringement of industrial property rights – these fall within the jurisdiction of the civil courts.
Like the German Patent and Trade Mark Office and the Federal Office for Plant Varieties, the Federal Patent Court decides only on the question of whether property rights (patents, trade marks, utility models, topographies, designs and plant variety protection rights) are to be granted (i.e. registered) or denied. It can also void a right that has been granted, either by cancellation or revocation/declaration of invalidity.