Process patents – paper tigers or effective protective rights?
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Thoughts on “sufficient likelihood” in the sense of section 140c German Patent Act (PatG).
When process patents are infringed, patent owners are often faced with considerable problems of providing proof of infringement. Effective enforcement is further impeded by the strict requirements set by German case law for inspection proceedings. In order not to let the protection by process patents run empty, a rethinking is necessary with regard to the requirements for “sufficient likelihood”.