Most questions raised would be redundant if the supplied links were used and read in their entirety.
2.10 Chances of Success of Nullity Proceedings at the Federal Patent
Court (BPatG)
From 1998 to 2002 786 nullity proceedings were concluded by the Federal Patent
Court
12. Among these, 19 % of the patents were revoked in toto, 17% of the patents
were revoked in part, 14 % of the nullity actions were dismissed and 50 % of the
cases were settled or withdrawn (cf. diagram below). Therefore, statistically in about
36% of all nullity proceedings the patent is restricted or revoked
in toto. Further
considering that in a large percentage of cases (50%) the nullity action was settled or
withdrawn, chances are statistically high that the plaintiff will achieve some success
2.11 Chances of Success of Nullity Appeal Proceedings before the
Federal Court of Justice (BGH)
In the period from 1992 to 2001 436 appeals were filed in total against the nullity
rulings of the first instance. From the 153 decisions delivered during that period,
about 15% of the total number of appeals (corresponding to about 42% of the
decided cases, namely 65 decisions) reversed or amended the decision of the
Federal Patent Court as the first instance Court. In about 20% of the total number of
appeals (corresponding to about 58% of the decided cases, namely 88 decisions)
the first instance decision of the Federal Patent Court was upheld. It should be noted,
however, that generally only about 1/4 to 1/3 of the appeals filed are terminated by
delivering a decision while in the majority of the cases the appeal proceedings are
terminated otherwise (e.g. by withdrawal of appeal or settlement).
http://ip-campenhausen.de/Nullity.pdf
