Unified Patent Protection in Europe

Unified Patent Protection in Europe
A Commentary

by Winfried Tilmann,Clemens Plassmann

  • Publisher : Oxford University Press
  • Release : 2018-07-19
  • Pages : 1832
  • ISBN : 0191071935
  • Language : En, Es, Fr & De
GET BOOK

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

Unified Patent Protection in Europe

Unified Patent Protection in Europe
A Commentary

by Winfried Tilmann

  • Publisher : Unknown Publisher
  • Release : 2016
  • Pages : 129
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
GET BOOK

The Unitary EU Patent System

The Unitary EU Patent System
A Book

by Justine Pila,Christopher Wadlow

  • Publisher : Bloomsbury Publishing
  • Release : 2015-03-26
  • Pages : 278
  • ISBN : 1849469407
  • Language : En, Es, Fr & De
GET BOOK

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and 1260/2012 and the Unified Patent Court Agreement 2013. The originality of this work lies in its individual contributions and uniquely broad approach, taking six different (historical, constitutional, international, competition, institutional and forward-looking) perspectives on the proposed patent system. This means that the book offers a multi-authored and all round legal appraisal of the proposed unitary system from experts in patent law, EU constitutional law, private international law, and competition law, as well as leading figures from the worlds of legal practice, the bench, and the European Patent Office. The unitary patent system raises issues of foundational importance in the fields of patent and intellectual property law, EU law and legal harmonization, which it is the purpose of the book to engage with. This is a work which will enjoy wide and enduring interest among academics, policy makers and decision makers/practitioners working in patent law, intellectual property law, legal harmonization, and EU law.

European Patent Law

European Patent Law
Towards a Uniform Interpretation

by Stefan Luginbuehl

  • Publisher : Edward Elgar Publishing
  • Release : 2011-01-01
  • Pages : 360
  • ISBN : 0857933213
  • Language : En, Es, Fr & De
GET BOOK

The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.

Visser's Annotated European Patent Convention 2018 Edition

Visser's Annotated European Patent Convention 2018 Edition
2018 Edition

by Derk Visser

  • Publisher : Kluwer Law International B.V.
  • Release : 2018-12-17
  • Pages : 978
  • ISBN : 940350675X
  • Language : En, Es, Fr & De
GET BOOK

The book Visser’s Annotated European Patent Convention is a commentary on the European Patent Convention and a bestseller in European patent law. Each year a new, updated edition of the book is published and available in paperback form. The 2018 edition of this preeminent work – the only regularly updated authoritative article-by-article commentary in English on the European Patent Convention (EPC), its implementing regulations, and associated case law – provides the complete text of the 2000 Convention annotated with commentary and expert guidance on the interpretation of each paragraph. Since its first edition in 1994 it has provided the European patent community with the necessary insights to practice successfully before the European Patent Office. The EPO recommends the Visser’s Annotated European Patent Convention as the first book in its list of non-EPO/WIPO literature to be used for the preparation of the European qualifying examination. In addition to a thorough updating of developments, new material in this edition includes the following: • Important amendments in the latest edition of the Guidelines that entered into force 1 November 2018; • Announced amendments of the law that enter into force after 15 November 2018; • A new decision of the Enlarged Board of Appeal on partial priority; • The changed structure of the Boards of Appeal and the effect on their perceived independence.

A Practitioner's Guide to European Patent Law

A Practitioner's Guide to European Patent Law
For National Practice and the Unified Patent Court

by Paul England

  • Publisher : Bloomsbury Publishing
  • Release : 2019-10-17
  • Pages : 368
  • ISBN : 1509928626
  • Language : En, Es, Fr & De
GET BOOK

Written by a team of lawyers with long-standing experience in patent litigation in Europe, this book is a comprehensive and practical guide to European patent law, highlighting the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office (EPO), England & Wales, France, Germany and the Netherlands. It is frequently the case that the decisions and approaches of these courts are cited by European patent lawyers of all jurisdictions when submitting arguments in their own national courts. The book is therefore intended to provide a guide to patent lawyers acting in the national European courts today. The book also looks to the future, by addressing all the areas of patent law for which the proposed Unified Patent Court (UPC) will need to establish a common approach. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than in nation-by-nation chapters; and provides an outline in each chapter of the common ground between the national approaches, as a guide for the possible application of European patent law in the UPC.

Concise European Patent Law

Concise European Patent Law
A Book

by Richard Hacon,Jochen Pagenberg

  • Publisher : Kluwer Law International B.V.
  • Release : 2008-09-26
  • Pages : 672
  • ISBN : 9041145192
  • Language : En, Es, Fr & De
GET BOOK

In our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’

US Patent Law for European Patent Professionals

US Patent Law for European Patent Professionals
A Book

by A. Nickel

  • Publisher : Kluwer Law International B.V.
  • Release : 2016-04-24
  • Pages : 344
  • ISBN : 9041194398
  • Language : En, Es, Fr & De
GET BOOK

Far more than a revised update, this new edition of a well-received guide to US patent law is twice as valuable to European patent practitioners as the previous edition. It is virtually a brand new book. The author, drawing on her recent years at a US firm, has augmented each chapter with practical information – including lines of argumentation to overcome obviousness rejections – and added new chapters, as well as much more detail on petitions and appeals, post-grant proceedings, and litigation. The new edition tells European practitioners not just about the framework of US patent law, but how it is applied. No other such book exists. With an overview of options at each stage of US patent prosecution and enforcement – with particular emphasis on its differences from the EPO system – the new edition details the available courses of action for all the procedural scenarios a European patent attorney is likely to encounter. The coverage is loaded with practical guidance on such aspects of US patent law and procedure as the following: · drafting applications and filing them at the US Patent Office; · applying provisions of the America Invents Act of 2011; · possible responses to a Final Office Action; · costs, fees, and time periods for various procedural actions; · using the US Manual of Patent Examination Procedure (MPEP); · declarations, oaths, and affidavits; · the Quick Path Information Disclosure Statement (QPIDS); · submissions on patentability by third parties; and · supplemental replies during examination proceedings. Every step in the process is described and directly compared as it operates under both the European Patent Convention (EPC) and US patent law. Any practitioner who has unsuccessfully tried to pursue in the US claims that were granted in the EPO will gain a new understanding of the reasons why – and what to do about it. In this highly practical, one-of-a-kind book, European patent professionals will find, detail by detail, exactly what is required at every stage of patent proceedings in the US. There is no other available source of such instantly accessible information for European patent lawyers, in-house counsel and paralegals, or EPC or national patent office officials, to all of whom this book will be of immeasurable value and usefulness. Intellectual property law academics and students will also benefit from the book’s comparative approach.

The New European Patent

The New European Patent
A Book

by Alfredo Ilardi

  • Publisher : Bloomsbury Publishing
  • Release : 2015-06-25
  • Pages : 176
  • ISBN : 1782259678
  • Language : En, Es, Fr & De
GET BOOK

On 17 December 2012, following a complex negotiation which lasted 12 years, the European Parliament adopted Regulations (EU) 1257/2012 and 1260/2012 and the text of the Agreement on a Unified Patent Court (UPC Agreement). These instruments institute the 'European patent with unitary effect', the first unified system for the protection of inventions within the European Union. The two Regulations will be applicable after the entry into force of the UPC Agreement, which was signed on 19 February 2013 by 24 Member States of the European Union. This book traces the evolution of the idea behind the institution of the European patent with unitary effect, including a comparative analysis of the existing parallel regional and international procedures for the protection of inventions. It presents a synthesis of the different phases of the negotiations which led to the adoption of the first unitary patent system within the European Union. In addition it examines the provisions of the two Regulations, of the UPC Agreement and of the jurisdictional system under Brussels I Regulation. Finally, the Appendix contains the text of Regulations (EU) 1257 and 1260/2012 and of the UPC Agreement.

European Patent Law

European Patent Law
Towards a Uniform Interpretation

by Stefan Luginbühl

  • Publisher : Edward Elgar Publishing
  • Release : 2011
  • Pages : 333
  • ISBN : 9781849801058
  • Language : En, Es, Fr & De
GET BOOK

'The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. the book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested.' - Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany

European Intellectual Property Law

European Intellectual Property Law
A Book

by Justine Pila,Paul Torremans

  • Publisher : Oxford University Press, USA
  • Release : 2019-08-08
  • Pages : 712
  • ISBN : 0198831285
  • Language : En, Es, Fr & De
GET BOOK

European Intellectual Property Law offers a full account of the main areas of substantive European IP law and a discussion of their wider context and effect. The amount and reach of European law, and decision-making in the field of intellectual property has grown exponentially since the 1960s, making it increasingly difficult to treat European law as an adjunct to domestic intellectual property regimes. European Intellectual Property Law responds to this reality by presenting a clear and detailed account of each of the main areas of substantive EU intellectual property law, situated in the context of both the EU legal system and international IP law, including EU constitutional law, the law of the European Patent Convention 1973/2000, and private international law. It draws selectively on examples from domestic IP regimes to illustrate substantive differences between those regimes and to demonstrate the impact of European law, and decision-making on EU Member States. This unique, thoroughly modern approach goes beyond a discussion of the provisions of European legal instruments to consider their wider context and effect. European Intellectual Property Law is the ideal guide for any student wishing to gain a full and critical understanding of the substantive European law of intellectual property.

European Patent Litigation in the Shadow of the Unified Patent Court

European Patent Litigation in the Shadow of the Unified Patent Court

by Luke McDonagh

  • Publisher : Edward Elgar Publishing
  • Release : 2016-07-27
  • Pages : 208
  • ISBN : 1784714747
  • Language : En, Es, Fr & De
GET BOOK

With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.

"Down with the Patent Lobby" or how the European Patent Office has mutated to controlling engine of the European Economy

'Down with the Patent Lobby' or how the European Patent Office has mutated to controlling engine of the European Economy
A Book

by Jürgen Augstein

  • Publisher : GRIN Verlag
  • Release : 2008-06-25
  • Pages : 103
  • ISBN : 3638069273
  • Language : En, Es, Fr & De
GET BOOK

Diploma Thesis from the year 2008 in the subject Law - European and International Law, Intellectual Properties, grade: 1, University of Linz (Institute of European Law ), 30 entries in the bibliography, language: English, abstract: The patent law is based on intellectual property rights. The groundwork for this was laid in 1883 by the Paris Convention for the Protection of Industrial Property1. The international treaty allows for regional treaties, such as the Patent Cooperation Treaty (PCT) and the Agreement of the Trade-Relative Aspects of Intellectual Property Rights (TRIPs) of the WTO the European Patent Convention (EPC). These are all treaties devolving from the Paris Convention. The EPC covers Europe (in the broadest sense) (cf. Art. 45 PCT). The European Community (EC) is an entity, by international law (cf. Art. 281 EC) and may represent its constituent states in the concerns of the WIPO and WTO. The community has to respect International treaties such as the Paris Convention and many procedures and measures of the EC respond to those treaties. In this thesis only the EPC will be discussed. The EPC created a uniform body of substantive patent law for patents in Europe. It established a single European procedure for the grant of patents. A European patent is worth its fee, because the owner of the patent can use it to economic advantage. The EPC also laid the groundwork for the introduction of a Community Patent by the EC Council. The initial concept of a Community Patent was first discussed in 1960. The last attempt to finalize the Community Patent was made in 2007.

Patent Protection in Europe

Patent Protection in Europe
Integrating Europe Into the Community of the Community Into Europe?

by Hanns Ullrich

  • Publisher : Unknown Publisher
  • Release : 2002
  • Pages : 81
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
GET BOOK

Protection of Biotechnological Matter Under European and German Law

Protection of Biotechnological Matter Under European and German Law
A Handbook for Applicants

by Klara Goldbach,Heike Vogelsang-Wenke,Franz-Josef Zimmer,Steven M. Zeman,Bernd Allekotte,Jens Hammer

  • Publisher : Unknown Publisher
  • Release : 2015-01
  • Pages : 454
  • ISBN : 9783406473517
  • Language : En, Es, Fr & De
GET BOOK

The European Patent Convention for Foreign Practitioners

The European Patent Convention for Foreign Practitioners

by Michele Baccelli ,Martin Bachelin,Thorsten Bausch,Stephan Disser,Veit-Peter Frank,Morten Garberg,Matthias Kindler,David Lethem,Declan Mulhern,James M. Ogle,Joachim Renken,Georg Siegert,Jan-Hendrik Spilgies,Andreas Stefferl,Christiane Stein-Dräger,Klemens Stratmann,Leonard L. Werner-Jones ,Matthias Wolf,Rainer E. Zangs

  • Publisher : Hoffmann Eitle
  • Release : 2017-05-15
  • Pages : 199
  • ISBN : 9876543210XXX
  • Language : En, Es, Fr & De
GET BOOK

Managing patent portfolios and securing patent protection for global interests is multifaceted and requires local expertise. For 125 years, Hoffmann Eitle has been known for experience and quality in the protection of intellectual property in Europe. This handbook provides targeted guidance for practitioners interested in patent protection in Europe, including in-depth commentaries on basic patentability requirements, patent prosecution at the EPO, post-grant proceedings in Europe, and an introduction to the expected European Patent with Unitary Effect (EP-UE) and the Unified Patent Court (UPC).

Human and MacHine Rights

Human and MacHine Rights
A Book

by Leonardo Alonso Goikolea

  • Publisher : BoD – Books on Demand
  • Release : 2013-02
  • Pages : 436
  • ISBN : 3848274434
  • Language : En, Es, Fr & De
GET BOOK

Innovation Law and Policy in the European Union

Innovation Law and Policy in the European Union
Towards Horizon 2020

by Massimiliano Granieri,Andrea Renda

  • Publisher : Springer Science & Business Media
  • Release : 2012-07-13
  • Pages : 199
  • ISBN : 8847019176
  • Language : En, Es, Fr & De
GET BOOK

The book provides a critical overview of innovation policy in Europe and a synopsis of the current institutional framework of Europe shaped after the Europe2020 strategy and in view of the upcoming Horizon2020 agenda. What emerges is a rather gloomy outlook for the future of Europe's innovation, unless EU institutions and Member States will decide to streamline existing policies and build a "layered" model of innovation, in which governments act as investors in key enabling infrastructure such as ICT and education; as enablers of large technology markets where researchers and entrepreneurs can meet; and as purchasers of innovation when key societal challenges are at stake. The book contains proposals for the future innovation strategy of the EU and a specific analysis of areas such as the unitary patent, the transfer of technology (particularly as far as climate-related technologies and IP markets are concerned), standardization, and the digital agenda.

Unified Patent Protection in Europe

Unified Patent Protection in Europe
A Commentary

by Winfried Tilmann,Clemens Plassmann

  • Publisher : Oxford University Press
  • Release : 2018-07-04
  • Pages : 1832
  • ISBN : 0191071927
  • Language : En, Es, Fr & De
GET BOOK

The creation of the Unified Patent Court (UPC) is the most prominent change in the European legal landscape for the last four decades. This book explains how the new system works in practice and how to make the best use of its provisions. It offers readers an in-depth and comprehensive commentary on the legal mechanisms of the upcoming ratified European Patent Law, and advice on potential problems that users of the forthcoming regulations may face. The book first describes the creation of the Unified European Patent Law and how its four new legislative texts interact. The new legislative texts are then explained and commented on in detail, rule by rule, with diverse approaches and perspectives from a practitioner team comprising patent litigators, European patent attorneys, law professors and patent judges. The Commentary takes into account the practical needs of users of the new system on both the prosecution and enforcement sides, addressing substantive and procedural problems. This book is the most authoritative text on the Unitary Patent and Unified Patents Court, and an invaluable tool for practitioners in this rapidly developing area of law.

European Patent Law

European Patent Law
Law and Procedure Under the EPC and PCT

by Ian Muir,Matthias Brandi-Dohrn,Stephan Gruber

  • Publisher : Oxford University Press, USA
  • Release : 2002
  • Pages : 368
  • ISBN : 9780199254279
  • Language : En, Es, Fr & De
GET BOOK

This text provides an analysis of European patent law and procedure (including practice under the PCT) and examines the provisions and case-law of the European Patent Convention, the Patent Law Treaty, and Community Patent.