2016 | OriginalPaper | Chapter
Invalid but Infringed? An Analysis of Germany’s Bifurcated Patent Litigation System
Author : Fabian Gäßler
Published in: Enforcing and Trading Patents
Publisher: Springer Fachmedien Wiesbaden
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Patents are probabilistic property rights: there exists inherent uncertainty regarding a patent’s validity and scope (Lemley and Shapiro, 2005). Although patents are granted by patent offices only after substantive examination, there is no guarantee that a granted patent is in fact valid. This uncertainty about patent validity has important effects on the functioning of patent systems and legal patent enforcement in particular.