2025-11-29 2025-11-29 , online online, 1,380 € zzgl. MwSt. Dr. Tobias Wuttke https://www.forum-institut.de/seminar/26031135-prior-use-before-the-upc-the-epo-german-chinese-and-u-s-courts/referenten/26/26_03/26031135-course-prior-use_wuttke-tobias.jpg Prior Use before The UPC, The EPO, German, Chinese And U.S. Courts

Gain strategic insights into utilizing prior use rights across multiple jurisdictions in this practical course. Learn to assert defense rights effectively before the UPC, EPO, and national courts in Germany, China, and the US, through the analysis of diverse case studies.

Topics
  • Prior use before the Unified Patent Court
  • Prior use before the EPO and the German Federal Patents Court
  • Prior use before the German Patent Trial Courts
  • Prior use before the Chinese courts
  • Prior use before the US courts
  • Presentation based on three case studies


Who should attend
Do you work in the IP/patent/legal department of a company or as a lawyer or patent attorney in a law firm and want to know how to successfully assert the prior use defense in the most important jurisdictions?

Then this is the right course for you. Knowledge of patent law is required.
Aims and objectives
This practical course aims at equipping you with a deep understanding of the strategic utilization of the practically important prior use rights across various jurisdictions. You will learn how to successfully assert defense rights based on prior use before the UPC, the EPO and the national courts in Germany, China and the United States.

This will be done also by three case studies which will be analyzed in the different jurisdictions. The case studies shall cover different typical situations: preparations for using the invention (but no actual use) before the filing date; further developments and intensification of use after the filing date; prior use right based on indirect use of the invention.
Your benefit

After attending this practical course, you will be enabled to deal with all practical facets of the prior use right in the most important jurisdictions.

Course - Prior Use

Prior Use before The UPC, The EPO, German, Chinese And U.S. Courts

Benefits
  • Important defense in patent litigation
  • Most important jurisdictions covered
  • With judges as speakers
  • Practical learning with three case studies

Webcode 26031135

Jetzt buchen

JETZT Buchen

Referenten


Alles auf einen Blick

Termin

12/03/2026

12/03/2026

Zeitraum

09:00 to 17:00 CET

09:00 to 17:00 CET
Veranstaltungsort

online

online

Gebühr
Your contact

Jean-Claude Alexandre Ho, LL.M.
Lawyer, Conference Manager

+49 6221 500-675
jc.alexandreho@forum-institut.de

Details

Gain strategic insights into utilizing prior use rights across multiple jurisdictions in this practical course. Learn to assert defense rights effectively before the UPC, EPO, and national courts in Germany, China, and the US, through the analysis of diverse case studies.

Topics

  • Prior use before the Unified Patent Court
  • Prior use before the EPO and the German Federal Patents Court
  • Prior use before the German Patent Trial Courts
  • Prior use before the Chinese courts
  • Prior use before the US courts
  • Presentation based on three case studies


Who should attend
Do you work in the IP/patent/legal department of a company or as a lawyer or patent attorney in a law firm and want to know how to successfully assert the prior use defense in the most important jurisdictions?

Then this is the right course for you. Knowledge of patent law is required.

Aims and objectives

This practical course aims at equipping you with a deep understanding of the strategic utilization of the practically important prior use rights across various jurisdictions. You will learn how to successfully assert defense rights based on prior use before the UPC, the EPO and the national courts in Germany, China and the United States.

This will be done also by three case studies which will be analyzed in the different jurisdictions. The case studies shall cover different typical situations: preparations for using the invention (but no actual use) before the filing date; further developments and intensification of use after the filing date; prior use right based on indirect use of the invention.

Your benefit

After attending this practical course, you will be enabled to deal with all practical facets of the prior use right in the most important jurisdictions.

Detailed programme

09:00 to 17:00 CET

Welcome


Tobias Wuttke

Introduction to the three case studies
  • Preparations for using the invention (but no actual use) before the filing date
  • Further developments and intensification of use after the filing date
  • Prior use right based on indirect use of the invention

Tobias Pichlmaier

Prior use before the Unified Patent Court
  • Legal basis - territorial scope
  • How to plead prior use (means of evidence/standard of proof)?
  • Relevance of EPO BoA and national case law?
  • Analysis of the case studies

Coffee break


Hans-Peter Felgenhauer

Prior Use before the European Patent Office and the German Federal Patent Court
  • Legal basis
  • How to plead prior use (means of evidence/standard of proof)?
  • Relevance of T438/19

Lunch break


Franziska Greiner-Wittner

Prior Use before the German patent trial courts
  • Legal basis
  • How to plead prior use (means of evidence/standard of proof)?
  • Analysis of the case studies

Elliot Papageorgiou

Prior Use before the Chinese Courts
  • Legal basis
  • How to plead prior use (means of evidence/standard of proof)?
  • Analysis of the case studies

Coffee break


Amanda Murphy

Prior Use before the US Courts
  • Legal basis
  • How to plead prior use (means of evidence/standard of proof)?
  • Analysis of the case studies

Tobias Wuttke

Summing up

End of the course


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