Download or read book The Inventiveness Requirement in Patent Law written by Lodewijk W.P. Pessers and published by Kluwer Law International B.V.. This book was released on 2016-04-20 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the pivotal role of the inventiveness requirement in patent law is broadly accepted, it has long remained an ill-defined concept, and in current debates the question is often raised whether the requirement is capable of functioning as an adequate ‘gate-keeper’. By providing a broad and historical perspective on the inventiveness concept in patent law, this groundbreaking work lays a very thorough conceptual basis for further and more in-depth discussions on current standards of inventiveness. In a method guided by geography and chronology, the author weaves developments in numerous countries – focusing primarily on the United States, the United Kingdom, Germany, and the Netherlands – into a fullscale analysis of the inventiveness concept. Among the questions raised and examined are the following: - How do industrial–economic considerations influence the requirement? - Are there different doctrinal ‘schools of thought’ that can be distinguished? - Should the current requirement stay in close relationship with its predecessors or is it fundamentally different? - Which socio-economic and political forces have influenced or diverted the evolution of the requirement? - What are the most conspicuous similarities and dissimilarities among the jurisdictions under examination? And how can they be explained? - To what extent is the ‘inventive step’ requirement applied in a uniform manner within the European Patent Convention area? - To what extent has the enormous recent growth of patent grants been brought about by relaxation of the inventiveness requirement? This book provides crucially important fundamental commentary for lawyers, jurists, and scholars coming to grips with a hugely complex legal phenomenon: the dramatic growth worldwide in recent years of patents as instruments for the protection of industrial property. Particularly welcome in these times of intensifying scrutiny of patent law, this incomparable analysis will quickly become a cornerstone resource for intellectual property lawyers, patent officers, in-house counsel in multinational manufacturing companies, and other interested practitioners.
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.
Download or read book Inventive Step in European Patent Law written by David L. T. Cadman and published by . This book was released on 1983 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.’
Download or read book Standards of Patentability for European Inventions written by Hanns Ullrich and published by Wiley-VCH. This book was released on 1977 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Protection for Computer Implemented Inventions written by Sabine Kruspig and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of the incorporation of computer software into countless commercial and industrial products, the patentability of software has become a vital issue in intellectual property law. This indispensable book provides an overview on the current status of computer-implemented inventions in patent law across Europe and major jurisdictions worldwide. A hugely practical field research tool with guidance based on case law, it examines the major hurdles in each particular country and describes the best practice to be adopted. Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers such issues and topics as the following: • claim categories for patent applications; • sufficient level of abstraction/breadth of the claimed invention; • fundamental terms of computing and terminological traps; • probability for patents dependent on software application areas; and • patents in core areas of computing. With separate chapters for the key countries, Germany, the United Kingdom, France, the United States, China, Korea, Japan, India, and the European Patent Office the legal situation for computer-implemented inventions in each country or region, this book includes guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments.. The authors describe claim formulation based on actual cases and on principles of computer science in order to show what might be or might not be patentable in each jurisdiction. With this incomparable resource, patent attorneys and patent professionals in companies will get a basis for making decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be of great value to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.
Download or read book The Economics of the European Patent System written by Dominique Guellec and published by Oxford University Press, USA. This book was released on 2007-02 with total page 267 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? These questions and many more are addressed by two eminent scholars in this groundbreaking analysis of the economic foundations of the European patent system.
Download or read book The Granting of European Patents written by M. van Empel and published by Springer. This book was released on 1975-11-14 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intellectual Property Law European Patent Convention written by Alexandru Cristian Strenc and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in European Patent Convention. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. 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 of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. 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 representing parties with interests in European Patent Conventionwill welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Download or read book Visser s Annotated European Patent Convention 2019 Edition written by Derk Visser and published by Kluwer Law International B.V.. This book was released on 2019-12-17 with total page 1357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 2019 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: New Rules of Procedure of the Boards of Appeal; New EPO Guidelines that enter into force on 01.11.2019; The references to Guidelines 2018 are kept for the eqe 2020 candidates.
Download or read book The European Patent System written by Gerald Paterson and published by . This book was released on 1992 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Visser s Annotated European Patent Convention 2018 Edition written by Derk Visser and published by Kluwer Law International B.V.. This book was released on 2018-12-17 with total page 1603 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Visser s Annotated European Patent Convention 2021 Edition written by Laurence Lai and published by Kluwer Law International B.V.. This book was released on 2021-05-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book, Visser’s Annotated European Patent Convention, is a commentary on the European Patent Convention and a bestseller in European patent law. The 2021 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 law 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 the 2021 edition includes the following: Amended EPO Guidelines that entered into force on 01.03.2021 Consolidated discussion of procedures relating to oral proceedings held by video conference Commentary on recent amendments to the implementing regulations Recent decisions of the boards of appeal The 2021 edition is suitable for candidates preparing for the EQE 2022. A free supplemental note will be published providing candidates with an overview of the main legal changes between the 2021 edition and the 31.10.2021 legal cut-off date for the EQE 2022.
Download or read book Patent Protection for Second Medical Uses written by Jochen Bühling and published by Kluwer Law International B.V.. This book was released on 2020-10-13 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: AIPPI Series, Volume Number 2. The second edition of Patent Protection for Second Medical Uses is a practical guide on the ever-relevant and controversial topic ‘Second Medical Use’ (SMU) patents, which play a significant role in the potential second-line patent protection and have become increasingly important. This edition’s analysis sheds light on the availability of protection for second medical use claims and its legal basis, followed by a detailed look at the specifics of various jurisdictions. Following the abandoning of ‘Swiss-type claims’ at the European Patent Office (EPO), applicants had to develop new filing strategies while such claims are still allowable in a number of national jurisdictions worldwide; the consequences of this have not yet fully been explored in practice. Jurisdictions around the world show significant differences in the treatment of such claims, although they share common approaches in patent law overall. This second edition furnishes a detailed and elaborate analysis, providing clarity, insight and guidance on legal issues and practical implications of SMU claims in twenty-four jurisdictions (the EPO and twenty-three individual countries). What’s in this book: This book, published under the aegis of the esteemed International Association for the Protection of Intellectual Property (AIPPI), contains a chapter-wise analysis by carefully chosen authors known for their expertise and experience in this field. Each chapter highlights such issues and topics as the following: availability and scope of protection; validity of claims; enforcement; infringement and investigations; and procedural aspects and tactical recommendations. The AIPPI studied certain aspects of second medical use claims on the occasion of its Congress in Toronto in 2014. This led to its Resolution Q 238 – ‘Second medical use and other second indication claims’, which triggered this comparative law analysis and a copy of which is found at the end of this book. How this will help you: This book is an enlightening compendium of contributions from across the globe. It not only renders guidance to interested legal practitioners when filing a patent application and assessing risks of conflict with existing patents or patent applications but also explains the key issues and contains practical advice when enforcing such claims or defending against an action. Also, this book will prove to be of immense practical interest for patent lawyers and patent attorneys and for the industries involved, applicants for pharmaceutical patents and third parties.
Download or read book Research Handbook on Patent Law and Theory written by Toshiko Takenaka and published by Edward Elgar Publishing. This book was released on 2019 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
Download or read book Biopatent Law European vs US Patent Law written by Ulrich Storz and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology. This volume focus on particular aspects of the US patent law, which can have tremendous differences compared to the European law. This includes questions of biopatent prosecution, novelty, inventive step, written disclosure and sufficiency of enablement as well as questions of law enforcement of biotech patents.
Download or read book Down with the Patent Lobby or how the European Patent Office has mutated to controlling engine of the European Economy written by Jürgen Augstein and published by GRIN Verlag. This book was released on 2008-06-25 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 ), 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.
