tag:blogger.com,1999:blog-1949935810569534550.post3126715049785770713..comments2023-08-17T14:09:24.945+01:00Comments on PatLit: the patent litigation weblog: Small IP claims: call for evidenceUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1949935810569534550.post-26642240152639869042012-01-27T10:50:20.992+00:002012-01-27T10:50:20.992+00:00Perhaps a German patent litigator can comment. See...Perhaps a German patent litigator can comment. Seems to me that the German system of litigation is tailor-made for small claims, so why not small patent claims. Thus:<br /><br />1. At the outset, the judge settles the "value of the action". Liability to legal costs if you lose is limited to the amounts in a published Tariff of fixed fees. Small value = small liability.<br /><br />2. Litigation is a first rather than a last resort. Got a problem? Ask Uncle Judge to rule on it. Uncle Judge might not be too sharp on the distinction between evidence and mere attorney argument.<br /><br />That said, representing yourself is unheard of. You'll surely only get attention if you appoint a lawyer. But there are loads of them around, many willing to take on a small value case for the low Tariff fee involved.<br /><br />And, as we all know:<br /><br />1. Germany is a patent friendly jurisdiction, where rights granted by the State after rigorous pre-grant examination of patentability are given a useful presumption of validity; and<br /><br />2. Thanks to the German Employee Invention Act, the culture is that everybody files a patent application on everything, so there's bound to be lots of infringements of patents held by shallow pocket owners.MaxDreinoreply@blogger.com