Das Patentrecht im Lichte von Art. 14 GG

In the field of patent law, the interests of the holder of a patent and those of the general public are diametrically opposed. The holder of the patent is interested in obtaining a sole and exclusive right which is as comprehensive as possible, whereas the general public wishes to have free access to technical knowledge. It is the lawmaker's function to create an appropriate balance between these interests. Tobias Timmann questions whether or not Article 14 of the German Basic Law contains concrete guidelines for the lawmakers to define patent law. He comes to the conclusion that patent law is subject to the institutional guarantee of property and thus studies those specifications which are mandatory for the creation of patent law. In conclusion, he applies the basic principles which he has developed to a selection of problem cases in patent law.