Answer ... The patent confers on its holder the right to prohibit others from commercially using the invention. ‘Use’ includes, in particular, manufacture, storage, offer for sale, placement on the market, import, export and carriage in transit, as well as possession for any of these purposes. Carriage in transit may be prohibited only if the rights holder is permitted to prohibit importation into the country of destination.

Answer ... A patent owner can enforce its rights by filing a civil action and/or a criminal complaint. The Federal Patent Court is responsible for hearing cases of infringement. The following parties may be held liable under civil and criminal law:

• anyone that uses a patented invention unlawfully. Imitation is also deemed to constitute use;
• anyone that refuses to notify the relevant authority of the origin and quantity of products in its possession which are unlawfully manufactured or placed on the market, and to name the recipients and disclose the extent of any distribution to commercial and industrial customers;
• anyone that removes the brand from products or their packaging without authorisation from the rights holder or its licensee; and/or
• anyone that abets any of the above offences, participates in them or aids or facilitates their performance.

Before filing suit, the rights holder should warn the defendant by sending a cease-and-desist notice. This may persuade the defendant to cease the infringement and come to the table to discuss a settlement. If this is unsuccessful, the next stage is the filing of an infringement suit before the Federal Patent Court. However, this can become quite costly, not least due to the need for expert opinions. Fortunately, the costs are typically high for both parties and this encourages the parties to settle early.

The Federal Patent Court has exclusive subject-matter jurisdiction over patent infringement and invalidity actions. Federal Patent Court judges are both technically and legally trained, and thus have a significant level of expertise.

Answer ... The maximum enforceable term of a patent is 20 years from the filing date of the application, with a possibility for a further extension if a successful petition for a supplemental protection certificate is filed (which can extend the term for up to five years). The patent will lapse if:

• the rights holder surrenders it by written declaration to the Federal Institute of Intellectual Property (IPI);
• the patent expires; or
• a renewal fee is not paid within the prescribed timeframe.