Thorsten Bausch

Specialisation

Chemical Patents, with a particular focus on cross-border and national litigation, legal opinions. Opposition and appeal proceedings before the European and German Patent Offices and the Federal Patent Court; infringement litigation; nullity actions before the Federal Patent Court and the Federal Court of Justice; patent prosecution. Particular expertise in the fields of pharmaceuticals, immunology, polymers and construction chemistry. Involved in litigation or opposition proceedings relating to major pharmaceutical patents concerning (among others) the drugs fulvestrant, lacosamide, osimertinib, donepezil, oxycodone, anastrozole, tramadol, pantoprazole, sildenafil, cyclosporin A, lamotrigine, calcipotriol, and memantine as well as with patents covering diagnostic immunoassays and retroreflective sheetings. Involved in Decision G 1/99 concerning the prohibition of the reformatio in peius in the EPO and in Decision "Polifeprosan/MIT" of the European Court of Justice in an SPC matter.

Publications

Editor of "Nichtigkeitsrechtsprechung in Patentsachen" (German Patent Nullity Cases), a collection of the decisions in patent nullity matters from the German Federal Patent and Supreme Courts; articles on German and European patent law in GRUR, Patents & Licensing and numerous lectures in and outside of Germany on patent law subjects. European correspondent of "Patents & Licensing". Regular blogger on www.kluwerpatentblog.com

Professional memberships

Patent Attorney Bar Association, FICPI, EPI, IPO, AIPPI, GRUR, LES.

Career

Studied chemistry at the University of Würzburg, the Technical University of Munich, and at the Massachusetts Institute of Technology. Faculty Award of 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 1992. With HOFFMANN EITLE since 1992. German Patent Attorney since 1995, European Patent Attorney since 1996. Co-leader of the chemistry group since 2009.

Recommendations

Recommendations
• IP Patent Star Germany, Managing Intellectual Property (2018 & 2019 & 2020)

Patent litigation, Patent office proceedings

• iam 1000 (2017)

"Bausch is a fantastic strategist who delivers top-quality service and writes impressive articles"
"Chemistry is the forte of technical with Thorsten Bausch."

• Who’s Who Legal Germany (2017)

"most highly regarded individual"
"truly stand-out practitioner in the field of chemistry"

• IP Stars Handbook Patents (2017)

"Bausch is particularly praised by peers, one saying ‘he is the guiding light of patent enforcement in the pharmaceutical sector in Germany’ and is recommended individually. He has industry specialties: alternative energy, chemicals, pharmaceuticals & biotechnology,"
"His key legal specialties are due diligence, opinion work, oppositions, post-grant proceedings."

• IP Stars Handbook Trademark & Copyright (2017)

"Bausch’s industry specialties include: agriculture, biotechnology, chemistry, construction & materials, pharmaceutical"
"Bausch's legal specialties include: opinion work, litigation support, oral proceedings, SPC, utility model."

• Chambers Europe (2017)

Bausch is one of the leading persons in the field of patent application prosecution. (Book 5).
"Sources describe Thorsten Bausch as ‘very sophisticated, knowledgeable and active’. He represents clients in domestic and international nullity actions, opposition and appeal proceedings, with a strong focus on the pharmaceuticals and construction chemistry fields. Of late he has defended Astra-Zeneca in four oppositions before the EPO regarding the validity of a patent relating to Symbicort SMART therapy."

• JUVE German Commercial Law Firms (2017)

"Bausch is a leading patent attorney recommended for his expertise in specific technical fields"
"He is a recommended patent attorney – patent section"