Help us to ensure a fair and balanced patent ecosystem in Germany

In January this year, the German Federal Ministry of Justice and Consumer Protection proposed a review of the German Patent Act to modernise the current patent system which favours patent holders in times when digital products are being ever-more complex.

Small business software developers like you power an incredible app and connected device ecosystem that is worth more than €830 billion globally.  Attaining patent grants is essential to protect your innovations which are often built on top of standardised technologies (e.g.: Bluetooth or WiFi).  If you are building or integrating hardware products that incorporate standards, your business likely faces liability related to your use of standard-essential patents (SEPs).  A fair and consistent intellectual property framework, including patents, is therefore crucial to protect your investments, help attract venture capital, establish, and maintain a competitive position in the marketplace, and level the playing field dealing with established companies and competitors.

Today, small business technology innovators do not enjoy the fairness and consistency needed from Germany’s patent law framework.  Patent courts automatically grant injunctions before the proof of the patent’s validity, easily causing a shutdown a small business’ operations.  This put small businesses at a great disadvantage to larger companies seeking to enforce patents of dubious quality against them.  Such a dynamic continues to syphon resources away from your efforts to develop innovative products and create jobs to instead be used towards abusive patent litigants.

ACT | The App Association works hard to create an environment where you can contribute to and utilise standardised technologies, and where patent law is applied in a fair, reliable, and predictable manner.  Germany has a unique opportunity to improve its patent system through its ongoing legislative effort and address areas such as automatic injunctions and availably of SEP licenses throughout the supply chain.