Fragmentation And The European Patent System

Author : Karen Walsh
Publisher : Bloomsbury Publishing
Page : 237 pages
File Size : 43,6 Mb
Release : 2022-08-11
Category : Law
ISBN : 9781509939329

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Fragmentation and the European Patent System by Karen Walsh Pdf

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

Author : Dominique Guellec,Bruno van Pottelsberghe de la Potterie
Publisher : Oxford University Press on Demand
Page : 267 pages
File Size : 53,7 Mb
Release : 2007-02
Category : Business & Economics
ISBN : 9780199292066

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The Economics of the European Patent System by Dominique Guellec,Bruno van Pottelsberghe de la Potterie Pdf

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.

Author : Karen Walsh
Publisher : Bloomsbury Publishing
Page : 237 pages
File Size : 48,9 Mb
Release : 2022-08-11
Category : Law
ISBN : 9781509939336

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Fragmentation and the European Patent System by Karen Walsh Pdf

This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective. Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.

Author : Justine Pila,Christopher Wadlow
Publisher : Bloomsbury Publishing
Page : 278 pages
File Size : 53,5 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782255062

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The Unitary EU Patent System by Justine Pila,Christopher Wadlow Pdf

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.

Author : Gerald Paterson
Publisher : Unknown
Page : 894 pages
File Size : 44,6 Mb
Release : 1992
Category : Law
ISBN : HARVARD:32044054592357

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The European Patent System by Gerald Paterson Pdf

Author : Winfried Tilmann,Clemens Plassmann
Publisher : Oxford University Press
Page : 1832 pages
File Size : 47,5 Mb
Release : 2018-07-04
Category : Law
ISBN : 9780191071928

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Unified Patent Protection in Europe by Winfried Tilmann,Clemens Plassmann Pdf

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.

Author : E. Kaufer
Publisher : Routledge
Page : 77 pages
File Size : 49,9 Mb
Release : 2012-11-12
Category : Business & Economics
ISBN : 9781135645878

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The Economics of the Patent System by E. Kaufer Pdf

How effective are patents for stimulating economic activity? This volume provides an overview of existing national patent systems and suggests a revised system.

Author : Stefan Luginbuehl
Publisher : Edward Elgar Publishing
Page : 361 pages
File Size : 55,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857933218

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European Patent Law by Stefan Luginbuehl Pdf

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.

Author : Gerald Paterson
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 1994-12-01
Category : Electronic
ISBN : 0421538309

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The European Patent System by Gerald Paterson Pdf

Author : Baldan, Federica
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 55,5 Mb
Release : 2022-06-14
Category : Law
ISBN : 9781800880078

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Judicial Coherence in the European Patent System by Baldan, Federica Pdf

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.

Author : Duncan Matthews,Paul Torremans
Publisher : Walter de Gruyter GmbH & Co KG
Page : 590 pages
File Size : 44,6 Mb
Release : 2023-10-04
Category : Law
ISBN : 9783110781687

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European Patent Law by Duncan Matthews,Paul Torremans Pdf

Author : Alexandru Cristian Strenc
Publisher : Kluwer Law International B.V.
Page : 174 pages
File Size : 44,6 Mb
Release : 2018-10-23
Category : Law
ISBN : 9789403501833

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European Patent Convention by Alexandru Cristian Strenc Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property law in the European Patent Convention (EPC), following generally the structure of the legal provisions, with a special focus on the patentability and patenting procedure. The monograph addresses not only the Convention’s core business, but also the work of its coordinating and implementing bodies, the European Patent Organization (EPOrg) and the European Patent Office (EPO). The concise presentation and interpretation of all relevant texts includes those considered “additional” but which, according to article 164(1) EPC, are in fact integral parts of the Convention – the Implementing Regulation and the Protocols on the Interpretation of Article 69 EPC and on Centralisation, Recognition, Privileges and Immunities, and the Staff Complement. Particular attention is paid throughout to issues arising from the relationship between the EPC and other relevant international and European laws and to recent developments and trends, especially in connection with the unitary patent system. The monograph also includes limited but relevant discussion of the historical development of the bases of the European patent system up to the success story of today. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions and scope of protection, ownership, transfer of rights, licenses, scope of exclusive rights, limitations, exemptions, duration of protection, and infringement. A broad selection of EPO case law clarifies in the most adequate way the substance of the European patent system, as directly originating from it. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers and patent attorneys representing parties with interests in the European Patent Convention will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

Author : Alfredo Ilardi
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 2015
Category : Patent laws and legislation
ISBN : 1782259694

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The New European Patent by Alfredo Ilardi Pdf

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.

Author : Duncan Matthews,Paul Torremans
Publisher : Walter de Gruyter GmbH & Co KG
Page : 396 pages
File Size : 51,7 Mb
Release : 2023-10-04
Category : Law
ISBN : 9783110781717

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European Patent Law by Duncan Matthews,Paul Torremans Pdf

This book provides a comprehensive overview of European Patent Law. It presents a critical analysis of the European patent law system and the proposed changes to it. The book explores the strengths and weaknesses of the European Patent Convention, and the interaction between the national and the European level, as well as across borders.

Author : Pieter Callens,Sam Granata
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 51,5 Mb
Release : 2023-12-05
Category : Law
ISBN : 9789403524771

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The Unitary Patent and the Unified Patent Court by Pieter Callens,Sam Granata Pdf

In 2013, twenty-five Member States of the European Union decided to take European patenting and patent enforcement to a next level. They agreed on a common patent title and a common patent court, i.e. the new Unitary Patent and the Unified Patent Court. Unfortunately, the implementation phase of the new patent package appeared to be a bumpy ride: non-participating Member States attacked the legal texts before the EU Court of Justice, the Rules of Procedure of the Unified Patent Court were subject to extensive debates, the Brexit caused the UK to step out of the system, an action before the constitutional court in Germany resulted in years of delay, etc. Nevertheless, the unitary patent package appeared to be a survivor. On 1 June 2023, the Unified Patent Court could finally open its doors with seventeen EU participating Member States. At the same time the first Unitary Patents could officially be registered. From then on, companies, research institutions, and individuals are able to obtain not only a patent title with immediate effect in the participating EU Member States, but also a court decision on infringement or validity of a European or Unitary Patent with immediate effect in all the participating Member States. The authors of this book, one being a leading Belgian IP lawyer who had a hand in the legal texts of the Unitary Patent and the other being a reputed Belgian intellectual property appeal judge who is currently (part-time) UPC judge at the local division in Brussels, were the first in 2013 to publish an introduction to the Unitary Patent and the Unified Patent Court. In 2017, they published the first edition of the current book. In this second edition of the book, they now present a comprehensive description of all aspects of this new patent and enforcement system. This book not only describes in detail all the provisions regarding the new patent and the new court, but also explains the history and the rationale behind certain choices. This book unravels all legal texts regarding the Unitary Patent and the Unified Patent Court, including the Rules of Procedure and all other Rules governing the Unitary Patent and the Unified Patent Court. This book also includes flowcharts summarizing the important phases of the proceedings before the Unified Patent Court. For its deeply informed insights into the practical functioning of this revolutionary new patent and litigation system, this extraordinary book is a must-have on the bookshelf of anyone involved or interested in European patenting.