The recent proposals for a reform of the German patent act: A true ‘modernisation’ of the patent system?

Abstract

The ‘modernisation’ of the patent law has dominated the debates around intellectual property in Germany in recent times. The need for changes to the current system has been controversially discussed among stakeholders, revealing very diverse positions especially between affected industry sectors. In January 2020, the German Federal Ministry of Justice and for Consumer Protection (MoJ) published a discussion draft for a new legislation containing several proposals for amendments to the German Patent Act (Patentgesetz) as well as other related statutory provisions (discussion draft). The goal of the MoJ was to initiate a public consultation on the proposals, the outcomes of which would be taken into account in the next steps of the legislative procedure. The present paper will guide the readers through the discussion draft, focusing on those proposals of the MoJ that are expected to have the most significant impact in practice. Looking at the current legal situation and taking the background underlying the concrete proposals into account, the paper aims to analyse – from a practitioner’s perspective – the potential benefits and risks associated with the suggested reforms.