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ARTICLE · 01 DECEMBER 2025

Legal Landscapes: Germany – Patent Litigation

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Traditionally, Germany has been one of the most prominent and active jurisdictions for patent litigation in Europe. This remains unchanged even with the establishment of the Unified Patent Court (UPC).

GermanyIntellectual Property
Antje Brambrink
Antje Brambrink
Robert Los
Robert Los
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1. What is the current legal landscape for Intellectual Property in Germany?

Traditionally, Germany has been one of the most prominent and active jurisdictions for patent litigation in Europe. This remains unchanged even with the establishment of the Unified Patent Court (UPC). Several cases are pending, either before German national courts or the German Divisions of the UPC. Given these parallel litigation systems, litigants now have a broader variety of strategic options for bringing patent lawsuits in Germany.

German National Patent Litigation

What attracts litigants is not only the economic significance of the German market but also its reliable legal landscape. The German system is well-known for its bifurcated system, resulting in the so-called "injunction gap," which may favor patentees. Furthermore, the German judges are highly experienced, given the country's long-standing tradition in patent litigation. In addition, the proceedings are notably swift,

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