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Nichtigkeitsverfahren

English translation: nullity procedure/revocation procedure

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18:17 Feb 24, 2009

German to English translations [PRO]
Law/Patents - Patents

German term or phrase: Nichtigkeitsverfahren

As in the following section in a general document on patent procedures in variious countries including, here, Soth Korea:

"So legte der Oberste Gerichtshof in einer Entscheidung erst kürzlich fest, dass das Verletzungsgericht eine Klage abweisen kann, wenn das Klägerpatent offensichtlich zu Unrecht erteilt wurde.
Eine Entscheidung des Korean Intellectual Property Office (KIPO) im ****Nichtigkeitsverfahren***** muss dazu nicht mehr abgewartet werden."

Elsewhere in KudoZ, and many other dictionaries, give a translation involving the word "nullity". I have a feeling though from a bit of research that in the context of patents the word should be something like "invalidation procedure". Can any patents whizzes confirm or disagree? The general sense of the last sentence seems to be that it is no longer necessary to wait for KIPO to declare the patent invalid before the Verletzungsgericht dismisses the claim for an infringement?

Brian Moses KudoZ activity Questions: 85 (5 open) (3 without valid answers) (7 closed without grading) Answers: 2
Local time: 03:21

English translation:nullity procedure/revocation procedure

Explanation:
Found in: Uexküll/Reich, Wörterbuch der Patentpraxis D/E - E/D:
Nichtigkeitsverfahren - nullity procedure, revocation procedure

There follow two examples:
This site is the official website of the European Patent Office...Appeals procedure vi. Limitation and revocation procedures Art. 105 (a)-(c)
www.epo.org/patents/law/legaltexts/html/guiapp1/e/ga_d_vi.h...

In a parallel nullity procedure, the patent was fully upheld with respect to its effect in Germany by a final decision of the German Federal Supreme Court ...
linux.sys-con.com/node/792157

Selected response from:

Marga Shaw
Local time: 03:21

Grading comment

Many thanks and sorry for being so slow to get back. This seemed to fit best in the context.
4 KudoZ points were awarded for this answer

Summary of answers provided

3 +4

nullity procedure/revocation procedure

Marga Shaw

nullity proceedings

Astrid Elke Johnson

nullification proceeding

xxxPeter Manda

action for declaration of nullity

Johanna Timm, PhD

action for annulment

Kim Metzger

Answers

31 mins confidence:

action for declaration of nullity

Explanation:
I'm not an expert in patentese, but here's what I found:

Klage auf Erklärung der Nichtigkeit erhoben
An action for the declaration of nullity has been brought

This link might be helpful: https://dpinfo.dpma.de/hilfe/vstdpat_hilfe_trans.html

Johanna Timm, PhD
Canada
Local time: 19:21
Native speaker of:

German

36 mins confidence:

action for annulment

Explanation:
G.R. No. L-61113An action for annulment of a patent and for reversion of the land to the State may be filed only by the Solicitor General as provided in Section 101 of Com. ...
www.lawphil.net/judjuris/juri1990/feb1990/gr_l_61113_1990.h...

Table 3 shows the actual outcomes of opposition and annulment procedures in the case of the 1977 application year cohort. In the sample used here, 8.4 percent of all patents encounter opposition. The annulment procedure (Nichtigkeitsverfahren) occurs at a much lower frequency in 0.3 percent of all cases in which a patent was granted initially. Opposition may be held inadmissible in which case it has no consequences for the patent-holder; it may lead to a restriction of the scope of the patent; or it may lead to the patent being upheld completely.
http://emlab.berkeley.edu/users/bhhall/harhoffetal99.pdf

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Note added at 1 hr (2009-02-24 19:20:08 GMT)
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Cancellation Proceeding
Definition:
A proceeding before the Trademark Trial and Appeal Board in which The plaintiff seeks to cancel an existing registration of a mark.
http://tinyurl.com/cggog8

What is a cancellation proceeding?
A cancellation proceeding is initiated by a party who is seeking to use a mark which is currently registered by someone else, or who believes that it is being (or will be) damaged by that registered mark. This proceeding is initiated by the party filing an application with the Trademark Trial and Appeal Board. The Board will then notify the trademark’s owner that a cancellation proceeding had been initiated.
A cancellation proceeding is a proceeding between the two parties (the trademark owner and the challenging party) that runs much like an in-court lawsuit. During the course of this proceeding, the parties will exchange evidence regarding their respective trademarks and other issues relevant to the cancellation proceeding. They will ultimately file briefs with the Board, which will review these briefs and make a decision as to whether the trademark should be canceled. If the Board determines that there is a valid ground for cancellation of the mark, the trademark will no longer be registered and the owner will no longer be entitled to exclude others from using the mark under the federal trademark scheme (but there may still be state rights in the mark).

http://www.quizlaw.com/trademarks/what_is_a_cancellation_pro...

Kim Metzger
Mexico
Local time: 21:21
Native speaker of:

English
PRO pts in category: 27

1 hr confidence:

peer agreement (net): +4

nullity procedure/revocation procedure

Marga Shaw
Local time: 03:21
Specializes in field
Native speaker of:

German
PRO pts in category: 8

Grading comment

Many thanks and sorry for being so slow to get back. This seemed to fit best in the context.

7 hrs confidence:

nullification proceeding

Explanation:
Example: http://www.std.com/obi/USG/Patents/part3 "Recommendations directed at post-issuance improvements included establishing streamlined reexamination procedures, or establishing a nullification procedure either within or outside of the USPTO."

and used in the Court context:
http://www.managingip.com/Article.aspx?ArticleID=1321758 (description of metropolitan court decision)

xxxPeter Manda
Local time: 22:21
Specializes in field
Native speaker of:

English,

German
PRO pts in category: 4

22 hrs confidence:

nullity proceedings

Explanation:
I am afraid I cannot agree with the answer already given, of "nullity procedure", because "procedure" sounds a bit strange. It is normally "nullity proceedings".

Astrid Elke Johnson
Germany
Local time: 04:21
Works in field
Native speaker of: English
PRO pts in category: 8

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Nichtigkeitsverfahren

English translation: nullity procedure/revocation procedure

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Nichtigkeitsverfahren

English translation: nullity procedure/revocation procedure

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KudoZ™ translation helpThe KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.

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