Unified Patent Protection In Europe

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Unified Patent Protection in Europe

Author : Winfried Tilmann
Publisher : Oxford University Press
ISBN 13 : 0191071927
Total Pages : 1832 pages
Book Rating : 4.1/5 (91 download)

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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 1832 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.

The EU Patent Package Handbook

Author : Hoffmann · Eitle
Publisher : Hoffmann · Eitle
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4./5 ( download)

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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.

The Unitary Patent and the Unified Patent Court

Author : Pieter Callens
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524774
Total Pages : 442 pages
Book Rating : 4.4/5 (35 download)

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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.

European Patent Law

Author : Duncan Matthews
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110781689
Total Pages : 590 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis European Patent Law by : Duncan Matthews

Download or read book European Patent Law written by Duncan Matthews and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-10-04 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Unified Patent Protection in Europe

Author : Winfried Tilmann
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (96 download)

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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 . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Unitary Patent Package & Unified Patent Court

Author : Luc Desaunettes-Barbero
Publisher : Ledizioni
ISBN 13 : 8855269356
Total Pages : 412 pages
Book Rating : 4.8/5 (552 download)

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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).

The Unitary EU Patent System

Author : Justine Pila
Publisher : Bloomsbury Publishing
ISBN 13 : 1849469407
Total Pages : 324 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis The Unitary EU Patent System by : Justine Pila

Download or read book The Unitary EU Patent System written by Justine Pila and published by Bloomsbury Publishing. This book was released on 2015-03-26 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Stefan Luginbuehl
Publisher : Edward Elgar Publishing
ISBN 13 : 0857933213
Total Pages : 361 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis European Patent Law by : Stefan Luginbuehl

Download or read book European Patent Law written by Stefan Luginbuehl and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 New European Patent

Author : Alfredo Ilardi
Publisher : Bloomsbury Publishing
ISBN 13 : 1782259678
Total Pages : 176 pages
Book Rating : 4.7/5 (822 download)

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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 176 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.

The European Patent Convention for Foreign Practitioners

Author : Michele Baccelli
Publisher : Hoffmann Eitle
ISBN 13 :
Total Pages : 199 pages
Book Rating : 4./5 ( download)

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Book Synopsis The European Patent Convention for Foreign Practitioners by : Michele Baccelli

Download or read book The European Patent Convention for Foreign Practitioners written by Michele Baccelli and published by Hoffmann Eitle. This book was released on 2017-05-15 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

European Intellectual Property Law

Author : Annette Kur
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361554
Total Pages : 614 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis European Intellectual Property Law by : Annette Kur

Download or read book European Intellectual Property Law written by Annette Kur and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system.

Fragmentation and the European Patent System

Author : Karen Walsh
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939334
Total Pages : 237 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Fragmentation and the European Patent System by : Karen Walsh

Download or read book Fragmentation and the European Patent System written by Karen Walsh and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Unitary Patent and Unified Patent Court

Author : Aloys Hüttermann
Publisher :
ISBN 13 : 9783452287496
Total Pages : 500 pages
Book Rating : 4.2/5 (874 download)

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Book Synopsis Unitary Patent and Unified Patent Court by : Aloys Hüttermann

Download or read book Unitary Patent and Unified Patent Court written by Aloys Hüttermann and published by . This book was released on 2016-12-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Practitioner's Guide to European Patent Law

Author : Paul England
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928626
Total Pages : 551 pages
Book Rating : 4.5/5 (99 download)

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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 2019-10-17 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Richard Hacon
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041145192
Total Pages : 769 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Concise European Patent Law by : Richard Hacon

Download or read book Concise European Patent Law written by Richard Hacon and published by Kluwer Law International B.V.. This book was released on 2008-09-26 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 the Unified Patent Court and Unitary Patent

Author : Paul England
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904220
Total Pages : 455 pages
Book Rating : 4.5/5 (99 download)

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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 Bloomsbury Publishing. This book was released on 2022-12-01 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practitioner's Guide to the Unified Patent Court and Unitary Patent provides practical and detailed advice on all aspects of the system for those using it. The book explains how the UPC system works in the context of the wider European patent system, including 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. The book is written for private practitioners and in-house counsel by a team of patent experts with many years of experience in patent litigation in France, Germany, the Netherlands, and the UK. It provides insights from national approaches to the features above and gives answers to common problems.

A Practitioner's Guide to European Patent Law

Author : Paul England
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947655
Total Pages : 659 pages
Book Rating : 4.5/5 (99 download)

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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.