Despite Criticism: German Bundestag Votes For Introduction Of Proportionality Test In Patent Law

In the night from 10 to 11 June 2021,  the German Bundestag voted in the 2nd/3rd reading in favour of the Federal Government's bill on the simplification and modernisation of patent law (19/25821) as amended by the Legal Affairs Committee (19/30498).

As explained in this context on 22 September 2020 and 25 January 2021, the primary purpose of the bill is to better synchronize patent infringement proceedings in civil courts with nullity proceedings in the Federal Patent Court, as well as to improve the protection of confidential information in patent, utility model, and semiconductor litigation.

Inparticular, the most relevant amendment applicable in practice, in the form of the introduction of a proportionality test  inthe context of the claim for injunctive  relief under Sec. 139 PatG (new version)  was eagerly awaited.