Under Arrêt Haugseräte, when validity is raised incidentally in a patent dispute, what may the court do if there is a serious risk of annulment?

• A. The judge must recuse
• B. The judge loses competence immediately
• C. The judge does not lose competence but may suspend proceedings if the risk of annulment is serious
• D. The judge must transfer to the court of registration

Answer: (C)

When validity is raised incidentally in a patent dispute, the court keeps its authority over the case but can pause proceedings if there is a serious risk that the patent will be annulled. This means the judge does not lose competence, and there is no automatic obligation to recuse or to transfer the case to another court. Suspending the proceedings helps avoid a waste of time and resources and prevents potentially conflicting rulings if the patent's validity is later determined to be invalid. If the validity decision ultimately confirms the patent, the case can resume; if the patent is found invalid, the dispute may no longer proceed on the same footing.