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The New European Patent
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Book Synopsis The New European Patent by : Alfredo Ilardi
Download or read book The New European Patent written by Alfredo Ilardi and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis European Patent Litigation in the Shadow of the Unified Patent Court by : Luke McDonagh
Download or read book European Patent Litigation in the Shadow of the Unified Patent Court written by Luke McDonagh and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Unified Patent Protection in Europe by : Winfried Tilmann
Download or read book Unified Patent Protection in Europe written by Winfried Tilmann and published by Oxford University Press. This book was released on 2018-07-04 with total page 3041 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The EU Patent Package Handbook by : Hoffmann · Eitle
Download or read book The EU Patent Package Handbook written by Hoffmann · Eitle and published by Hoffmann · Eitle. This book was released on with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new patent right for Europe (the European Patent with Unitary Effect) and a new European enforcement and invalidation regime (the Unified Patent Court) are expected to come into operation soon, potentially as early as 2015. Existing patents granted by the European Patent Office (EPO), as well as those granted in the future, will automatically come under the jurisdiction of the new Court, unless opt-out rights are exercised. These measures represent one of the most complex and ambitious legal reforms in the field of European intellectual property since the creation of the EPO in 1977. For applicants and proprietors used to the current European system of national patents and national courts, the new system will present both opportunities and challenges in developing, maintaining and leveraging a cost-effective patent portfolio. For manufacturers, distributors and end-users, the new system will subject their activities to the jurisdiction of a new court, with unique and possibly unfamiliar powers and procedures. Decisions must therefore be made as to how best to take advantage of the possibilities afforded by the new system. Applicants and proprietors are already asking themselves questions such as: Should I start to register European patents as European Patents with Unitary Effect when they become available, or should I continue with national validation? For which European patents and applications should I make use of the opt-out to keep litigation in the national courts? Should I consider reverting to national filings instead of using the EPO? How will the new Unified Patent Court be structured, and how will it work? What choices will I have in future as to where to litigate – should I choose a national court or the UPC to enforce or invalidate a European patent? This Handbook provides both guidance for the strategic decisions which will have to be taken and a detailed reference manual to the law and practice of the new system.
Book Synopsis Patent Politics by : Shobita Parthasarathy
Download or read book Patent Politics written by Shobita Parthasarathy and published by University of Chicago Press. This book was released on 2017-02-21 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
Book Synopsis The Unitary Patent and the Unified Patent Court by : Pieter Callens
Download or read book The Unitary Patent and the Unified Patent Court written by Pieter Callens and published by Kluwer Law International B.V.. This book was released on 2023-12-05 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of the New European Patent by : Amédée E. Turner
Download or read book The Law of the New European Patent written by Amédée E. Turner and published by Scholarly Title. This book was released on 1979 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Proceedings Before the European Patent Office by : Marcus O. Müller
Download or read book Proceedings Before the European Patent Office written by Marcus O. Müller and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. Dealing with all stages of proceedings before the European Patent Office, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them.
Book Synopsis A Practitioner's Guide to the Unified Patent Court and Unitary Patent by : Paul England
Download or read book A Practitioner's Guide to the Unified Patent Court and Unitary Patent written by Paul England and published by Hart Publishing. This book was released on 2025-06-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical and detailed advice on all procedural aspects of the Unified Patent Court and Unitary Patent system. The book also explains how the UPC works in the context of the wider European patent system, particularly the UK, and how parties can use it to enforce or revoke European patents and the Unitary Patent, in particular: - The procedures of the UPC from initiating proceedings to appeal, damages and costs hearings; - Rules on competence, substantive law, jurisdiction, language and judges; - The operation of the system alongside the national courts of the contracting countries, the European Patent Office opposition and appeal procedure, and parallel English Patents Court proceedings. NEW TO THE 2ND EDITION: A chapter on the impact of the UPC and Unitary Patent on managing licences, a chapter on confidentiality, the latest UPC guidance, references, and case notes on every significant procedural case from the UPC divisions and the Court of Appeal, and coverage of every Rule of the Rules of Procedure. The book is written by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK, as well as hands-on experience of running cases in the UPC from its inception. It provides insights from national and UPC practice on the features above and identifies potential problems and answers. A must read for private practitioners and in-house counsel.
Book Synopsis Exclusions from Patentability by : Sigrid Sterckx
Download or read book Exclusions from Patentability written by Sigrid Sterckx and published by Cambridge University Press. This book was released on 2012-09-13 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive study of what cannot be patented and what should not be patentable in Europe.
Book Synopsis The EU Patent Package Handbook by : Clemens Tobias Steins
Download or read book The EU Patent Package Handbook written by Clemens Tobias Steins and published by . This book was released on 2014-02-17 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new patent right for Europe (the European Patent with Unitary Effect) and a new European enforcement and invalidation regime (the Unified Patent Court) are expected to come into operation soon, potentially as early as 2015. Existing patents granted by the European Patent Office (EPO), as well as those granted in the future, will automatically come under the jurisdiction of the new Court, unless opt-out rights are exercised. These measures represent one of the most complex and ambitious legal reforms in the field of European intellectual property since the creation of the EPO in 1977. For applicants and proprietors used to the current European system of national patents and national courts, the new system will present both opportunities and challenges in developing, maintaining and leveraging a cost-effective patent portfolio. For manufacturers, distributors and end-users, the new system will subject their activities to the jurisdiction of a new court, with unique and possibly unfamiliar powers and procedures. Decisions must therefore be made as to how best to take advantage of the possibilities afforded by the new system. Applicants and proprietors are already asking themselves questions such as: Should I start to register European patents as European Patents with Unitary Effect when they become available, or should I continue with national validation? For which European patents and applications should I make use of the opt-out to keep litigation in the national courts? Should I consider reverting to national filings instead of using the EPO? How will the new Unified Patent Court be structured, and how will it work? What choices will I have in future as to where to litigate - should I choose a national court or the UPC to enforce or invalidate a European patent? This Handbook provides both guidance for the strategic decisions which will have to be taken and a detailed reference manual to the law and practice of the new system.
Download or read book European Patent Law written by Ian Muir and published by Oxford University Press, USA. This book was released on 2002 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Practitioner's Guide to European Patent Law by : Paul England
Download or read book A Practitioner's Guide to European Patent Law written by Paul England and published by Bloomsbury Publishing. This book was released on 2022-09-08 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Economics of the European Patent System:IP Policy for Innovation and Competition by : Dominique Guellec
Download or read book The Economics of the European Patent System:IP Policy for Innovation and Competition written by Dominique Guellec and published by OUP Oxford. This book was released on 2007-02-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does society allow, or even encourage, private appropriation of inventions? When do patents encourage competition, when do they hamper it? How should society design the compromise between the interest of the inventor and the interest of the users of patented inventions? How should the patent system adapt to new technological areas? These questions and many more are addressed by the authors in this groundbreaking analysis of the economics behind the European patent system.Beginning with the history and principles of the patent system, the book then examines the economic effects of patenting on innovation and the diffusion of technology and growth. Throughout the book the theory and the reality are discussed alongside real world examples and comparison between the European,USA, and Japanese patent systems.
Book Synopsis The European Patent by : Pascal Griset
Download or read book The European Patent written by Pascal Griset and published by . This book was released on 2013 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The New European Patent System by : Romuald Singer
Download or read book The New European Patent System written by Romuald Singer and published by . This book was released on 1981 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Unitary Patent Package & Unified Patent Court by : Luc Desaunettes-Barbero
Download or read book The Unitary Patent Package & Unified Patent Court written by Luc Desaunettes-Barbero and published by Ledizioni. This book was released on 2023-06-09 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 1st of June 2023, after years of negotiations, setbacks and postponements, the Unitary Patent Package (UPP) enters into force: the European patent with unitary effect (EPUE) becomes a reality and the Unified Patent Court (UPC) starts its activities.Regrettably, the patent regime put in place is not a genuine EU system. Adopted through an enhanced cooperation procedure, it firstly does not include all EU Member States. Secondly, the conditions and the procedure for granting EPUE is in the hands of the European Patent Office, an international organization to which EU is not a party. Lastly, the substantive provisions and the litigation proceedings are defined by an international treaty (the UPC Agreement) to which EU is not a member, and by national laws for the remaining aspects. Such system carves patent law out of the EU legal and judicial orders and reduces the roles of the EU Parliament and Court of Justice. Challenges are numerous in terms of complexity, harmonization objectives, legality, business advantages and wider societal, economic and legal concerns, to name a few.With twenty-eight contributions from academics and practitioners, this book starts with putting the new system into historical, comparative and institutional contexts (Part I) before highlighting some issues under EU law and the perspective of EU integration (Part II). The institutional, jurisdictional and procedural questions raised by the UPC are then addressed (Part III), as well as the innovation and markets issues (Part IV). The last contributions discuss possible improvements and alternatives to the Unitary Patent Package (Part V).
