Thorsten Bausch

Specialisation

Chemical Patents, with particular expertise in cross-border and national litigation, drafting of legal opinions and patent prosecution.

Opposition and appeal proceedings before the European Patent Office (EPO) and the German Patent Office (Deutches Patent- und Markenamt - DPMA), as well as before the German Federal Patent Court (Bundespatentgericht).

Appeal proceedings before the German Federal Court of Justice (Bundesgerichtshof).

Specific expertise in the fields of pharmaceuticals, immunology, polymers and construction chemistry, especially in litigation involving pharmaceutical patents relating to - inter alia - anastrozole, calcipotriol, cyclosporin A, donepezil, fulvestrant, lamotrigine, memantine, oxycodone, pantoprazole, sildenafil, tramadol, valsartan, as well as patents covering diagnostic immunoassays and retroreflective films.

Involved in Decision "G 1/99" concerning the prohibition of the reformatio in peius before the EPO and the "Polifeprosan/MIT" judgement of the European Court of Justice relating to a Supplementary Protection Certificate (SPC).

Publications

Author of Nichtigkeitsrechtsprechung in Patentsachen, a collection in four volumes of the patent nullity case-law of the German Federal Patent Court (Bundespatentgericht) and the German Federal Court of Justice (Bundesgerichtshof), Vol. 1-2 (2000, C.H. Beck); Vol. 3 (2002, Books on Demand); Vol. 4 (2007, Books on Demand).

Author of different patent-related articles on German and European patent law in a variety of specialist journals such as Gewerblicher Rechtsschutz und Urheberrecht (GRUR).

Co-author with Mario Franzosi of <em<Claims Limitation in Patent Litigation: European Patent: A Variable Geometry Right? Limitations and Amendments of Claims during Litigation (2016, CreatSpace).

European correspondent for Patents & Licensing, a specialist magazine for intellectual property (IP) & licensing.

Regular writer and opinion maker on www.kluwerpatentblog.com

Professional memberships

German IP Attorneys Association (Patentanwaltskammer)
EPI (Institute of Professional Representatives before the European Patent Office)
EPLIT (European Patent Litigators Association)
FICPI (International Federation of Intellectual Property Attorneys)
IPO (Intellectual Property Owners Association)
AIPPI (International Association for the Protection of Intellectual Property)

Career

Studied Chemistry at the University of Würzburg, Germany, the Technical University of Munich (TUM), and at the Massachusetts Institute of Technology, USA.
Faculty Award from the University of Würzburg, 1984; scholarships from the Studienstiftung des Deutschen Volkes, the Chemical Industry Trust, and the Ernest Solvay Foundation. Graduated in 1990, doctoral thesis in 1992.

Active as a patent consultant with HOFFMANN EITLE since 1992.

German IP attorney since 1995.
European patent attorney since 1996.

Co-leader of the HOFFMANN EITLE chemistry group since 2009.
Contributed to a number of conferences abroad, especially in Germany, on patent law-related matters.