LD Mannheim, July 29, 2025, Order on Request to Dismiss Infringement Action Due to Lack of Domestic Representative

The LD Mannheim clarified that Section 25(1) of the German Patent Act (GPA), which requires foreign patentees to appoint a domestic representative for proceedings before German authorities, does not apply to infringement actions before the UPC. The Court emphasized that the UPC is governed exclusively by its own procedural rules and is not subject to national procedural laws such as the GPA. Consequently, the absence of a registered domestic representative does not bar a claimant from asserting the German part of a European patent before the UPC.

The Court also rejected the argument that the claimant’s failure to appoint a domestic representative infringed the defendant’s right to bring a national nullity action under Article 83(1) UPCA. It held that this transitional option does not imply that national procedural requirements must apply within UPC proceedings. Even if such a requirement were relevant, the failure could be remedied, and would not justify a dismissal under Rules 361 or 362 RoP.