Patents confer an exclusive right to use and exploit an invention.

Right to sue = who is entitled to pursue patent infringements in court.

In principle, the patent holder always has the right to sue.

Co-owners can assert injunctive relief claims independently.

Monetary claims by co-owners can only be enforced once. A division is made internally.

Licensees may have standing to sue, especially exclusive licensees.

The scope of licensees' rights to enforce patent rights depends on the license agreement (injunctive relief and/or damages).

Assignment: Payment claims (damages) can be assigned; injunctive relief cannot.

Passive legal standing = who is liable for a patent infringement.

Enterprises are liable for the actions of their employees and organs.

Managing directors may be personally liable if they promote or continue infringements.

Instigators and accomplices are liable if they contribute intentionally and have knowledge.

Chains of infringers: manufacturers, distributors, users—all can be liable as patent

In the case of joint and several liability, each party can be held liable for the entire damage.

Internally, recourse is based on the proportion of causation.

Manufacture of products in accordance with the patent = direct patent infringement.

Placing on the market and offering constitute independent acts of infringement.

Use, import, and purposeful possession are also considered patent infringement.

Territoriality principle: Protection only applies in the country where a valid patent exists.

Manufacturers abroad are only liable if a patent exists there or if they deliberately arrange exports to countries where the patent is protected.

Commercial use: Private use does not constitute patent infringement.

Expiration: No new claims may be made after expiration; previous monetary claims remain valid.

Nullity: All claims are retroactively invalidated, including those for the use of the patent in the past.