On the Brink of European Patent Law

On the Brink of European Patent Law PDF Author: Dick Van Engelen
Publisher: Eleven International Publishing
ISBN: 9789490947309
Category : Patent laws and legislation
Languages : en
Pages : 0

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Book Description
This publication contains conference papers written by leading patent judges, academics, and practicing lawyers from Germany, England, and The Netherlands, as well as by members of the Boards of Appeal of the European Patent Office. The book's topics - such as scope of protection, partial revocation, inventive step, prosecution history, and contributory infringement - are to a large extent harmonized and unified law. However, in the absence of a highest European Court, it is up to national courts to develop a uniform application and interpretation of European patent law and to provide the legal certainty and predictability that litigants need. The conference was in honor of Prof. Jan Brinkhof, who has dedicated his career - as an academic, a judge, and a practicing attorney - to the developments of truly European patent law.

On the Brink of European Patent Law

On the Brink of European Patent Law PDF Author: Dick Van Engelen
Publisher: Eleven International Publishing
ISBN: 9789490947309
Category : Patent laws and legislation
Languages : en
Pages : 0

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Book Description
This publication contains conference papers written by leading patent judges, academics, and practicing lawyers from Germany, England, and The Netherlands, as well as by members of the Boards of Appeal of the European Patent Office. The book's topics - such as scope of protection, partial revocation, inventive step, prosecution history, and contributory infringement - are to a large extent harmonized and unified law. However, in the absence of a highest European Court, it is up to national courts to develop a uniform application and interpretation of European patent law and to provide the legal certainty and predictability that litigants need. The conference was in honor of Prof. Jan Brinkhof, who has dedicated his career - as an academic, a judge, and a practicing attorney - to the developments of truly European patent law.

European Patent Law

European Patent Law PDF Author: Ian Muir
Publisher: Oxford University Press, USA
ISBN: 9780199254279
Category : Law
Languages : en
Pages : 450

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Book Description
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.

European Patent Law

European Patent Law PDF Author: Stefan Luginbuehl
Publisher: Edward Elgar Publishing
ISBN: 0857933213
Category : Law
Languages : en
Pages : 361

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Book Description
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.

The European Patent System

The European Patent System PDF Author: Gerald Paterson
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 894

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Book Description


Convention on the Grant of European Patents

Convention on the Grant of European Patents PDF Author: European Patent Organisation
Publisher: Good Press
ISBN:
Category : Fiction
Languages : en
Pages : 50

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Book Description
The European Patent Convention (EPC) is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. A European patent is not a unitary right, but a group of essentially independent nationally enforceable, nationally revocable patents.

Unified Patent Protection in Europe

Unified Patent Protection in Europe PDF Author: Winfried Tilmann
Publisher: Oxford University Press
ISBN: 0191071927
Category : Law
Languages : en
Pages : 3041

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Book Description
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.

Concise European Patent Law

Concise European Patent Law PDF Author: Richard Hacon
Publisher: Kluwer Law International B.V.
ISBN: 9041145192
Category : Law
Languages : en
Pages : 769

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Book Description
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.’

A Practitioner's Guide to European Patent Law

A Practitioner's Guide to European Patent Law PDF Author: Paul England
Publisher: Bloomsbury Publishing
ISBN: 1509947655
Category : Law
Languages : en
Pages : 659

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Book Description
This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.

The Granting of European Patents

The Granting of European Patents PDF Author: M. van Empel
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 460

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Book Description
Updated version of a thesis on the convention on the grant of European patents of 5 October 1973 - comments on the development of international patent law, with reference to precedents of national level legislation, and includes the full text of the international agreement. Bibliography pp. 419 to 425.

The Economics of the European Patent System

The Economics of the European Patent System PDF Author: Dominique Guellec
Publisher: Oxford University Press, USA
ISBN:
Category : Business & Economics
Languages : en
Pages : 276

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Book Description
Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? These questions and many more are addressed by two eminent scholars in this groundbreaking analysis of the economic foundations of the European patent system.