20. Q: Kann ein Patentinhaber Sicherung beim Gericht beantragen?

After a patentee institutes proceedings in the court, he may petition the court for attachment in order to prevent the defendant from removing evidence and property during the proceedings. After it accepts the proceedings instituted by an interested party, the court may enforce the attachment procedure at the petition thereof at the location of infringement or other related places within seven days.

The attachment includes that of evidence and property. The evidence attachment is meant to inspect the place of infringement, verify, record or seal up related accountbooks of the infringer and to secure specimens of the infringing products. The property attachment is to seal up, frozen the related fixed and non-fixed property of the infringer. It is usually necessary to provide the court with a guaranty of a corresponding amount of money when filing a petition for property attachment.

Zurück Nächster Schließen