Download or read book Restricting Broad Claims in Germany written by Michael Beurskens and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of peripheral drafting has prevailed over central claim drafting in the European Patent Organization, the United States and Japan. Patent claims are supposed to be as abstract as possible to cover as much ground literally as possible. This development - while not worrisome as such - has lead to the expected but unwanted result of overbroad claims unintentionally covering items either not invented or part of the prior art. These issues are well-known in equivalency but usually lead to (partial) invalidity in cases of literal claim interpretation. A second side-effect of broad claim language are inventions covering parts of another invention with surprising properties (selection invention), especially in the field of chemistry. Even though the original patent might cover the combination (either literally or by equivalence) the new invention might be a significant, non-obvious step forward. The German Federal Supreme Court had the opportunity to discuss these issues in its decisions Blasenfreie Gummibahn I/II. While the European Patent Office is extremely critical of broad claims, the German Federal Supreme Court noted that broad claims are not invalid as such. However in most cases such inventions will lack non-obviousness unless they can clearly distinguish themselves from prior art. This paper questions the central point of the decision, whether interpretation of patent claims may never be limiting to patent-scope. In cases where the claim is overbroad, but the ambiguous wording can be interpreted reasonably by the court there seems little reason to (partially) avoid the patent. Instead (like with interpretation in general) both extension and restriction must be considered. Using the perspective of a reasonable person skilled in the art is a working method in determining patent scope. If such a person would not read as much into the claim as a non-skilled individual there is no danger to the public. Otherwise the a process the void the patent will quickly turn out to be a process of unnecessarily rewriting and/or clarifying claims which are already sufficiently clear to its intended audience, i.e. persons skilled in the art. As a result it is not proposed to move back to a system of precise claims expanded upon by an effective doctrine of equivalency but instead to apply a restrictive interpretation of claim language wherever a reasonable person skilled in the art would intuitively do so. The doctrine of equivalence and the broad literal claim interpretation practiced in German patent law must be accompanied by an equally efficient system of reasonably eliminating items evidently not meant to be covered.
Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2023-04-13 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.
Download or read book Interpreting Patent Claims The United States Germany and Japan written by Toshiko Takenaka and published by Wiley-VCH. This book was released on 1995-10-24 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents have become a vital tool in the international exploitation of advancing technologies. There is no issue of greater significance to patent law than the interpretation of claims, since these measure the scope of protection granted. This study analyzes patent claim interpretation in three leading jurisdictions, the United States, Germany and Japan. Starting from well-established concepts such as literal infringement, the doctrine of equivalents and prosecution history estoppel, the author demonstrates significant differences in their application by reference to case examples. These differences are explained in historical and policy terms. The need for a clear-cut, harmonized standard of claim interpretation throughout the world is urgent. As an aid towards that goal, the final chapter of this study contains a proposal for aligning still divergent legal principles. Interpreting Patent Claims takes its place alongside two other studies of related aspects of patent rights in the IIC Studies Series: Benyamini's Patent Infringement in the European Community (Vol. 13, 1993) and Gilat's Experimental Use and Patents (Vol. 16, 1995). Together these objective and informed discussion form an essential contribution to debates on central issues of intellectual property law and policy.
Download or read book Biotech Patents Equivalency and Exclusions Under European and U S Patent Law written by Li Westerlund and published by Springer. This book was released on 2002-08-29 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: An academic work, this volume examines patent and intellectual property laws with reference to the biotechnical industries in both Europe and the United States.
Download or read book The Recovery of Non Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
Download or read book Protection of Biotechnological Matter Under European and German Law written by Klara Goldbach and published by Wiley-VCH. This book was released on 1997-02-28 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides guidance, suggestions, and solutions to applicants who wish to obtain protection for biotechnological matter or processes under the presently valid European and German laws. The contents are current as of July 31, 1996, and are intended to assist in the preparation of applications, especially in the drafting of the claims which are decisive for the scope of protection. Addresses not only the problems caused by exclusion from protection of certain plant and animal groupings and biological processes for their production, but other problems such as the protection of microorganisms and cell lines, nucleic acids, and proteins. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book The Present Law and Practice Relating to Letters Patent for Inventions written by Hugh Fletcher Moulton and published by . This book was released on 1913 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State of Health in the EU Germany Country Health Profile 2021 written by OECD and published by OECD Publishing. This book was released on 2021-12-13 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This profile provides a concise and policy-relevant overview of health and the health system in Germany as part of the broader series of the State of Health in the EU country profiles. It provides a short synthesis of: the health status in the country; the determinants of health, focussing on behavioural risk factors; the organisation of the health system; and the effectiveness, accessibility and resilience of the health system. This edition has a special focus on the impact of COVID‐19.
Download or read book A Commentary on Kant s Critique of Practical Reason written by Lewis White Beck and published by University of Chicago Press. This book was released on 1963 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: When this work was first published in 1960, it immediately filled a void in Kantian scholarship. It was the first study entirely devoted to Kant's Critique of Practical Reason and by far the most substantial commentary on it ever written. This landmark in Western philosophical literature remains an indispensable aid to a complete understanding of Kant's philosophy for students and scholars alike. This Critique is the only writing in which Kant weaves his thoughts on practical reason into a unified argument. Lewis White Beck offers a classic examination of this argument and expertly places it in the context of Kant's philosophy and of the moral philosophy of the eighteenth century.
Download or read book Legal Restrictions on Foreign Travel by the German Democratic Republic written by William Sólyom-Fekete and published by . This book was released on 1978 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Problems of the German American Claims Commission written by Wilhelm Kiesselbach and published by . This book was released on 1930 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book World Wide written by and published by . This book was released on 1915 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regimes of Twentieth Century Germany written by Marc T. Voss and published by Springer. This book was released on 2016-10-18 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regimes of Twentieth-Century Germany is a concise theory of and empirical study on action consciousness as an integral dimension of historical consciousness with specific emphasis on National Socialist Germany and the German Democratic Republic.
Download or read book Corruption and Democracy written by Council of Europe. Octopus Programme and published by Council of Europe. This book was released on 2008-01-01 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political corruption contributes to the decline of citizens' trust and confidence in democracy and weakens democratic principles and processes. The contributions in this book identify risks that corruption poses to the future of democracy in Europe, and propose a wide range of measures for action which are aimed at preventing political corruption (including undue influence on the justice system), enhancing transparency and accountability, and rebuilding confidence in democracy.--Publisher's description.
Download or read book The Electrician written by and published by . This book was released on 1907 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Electrical Journal written by and published by . This book was released on 1907 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fraudulent Evidence Before Public International Tribunals written by W. Michael Reisman and published by Cambridge University Press. This book was released on 2014-05-08 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic lawyers are, above all, officers of the court. By contrast, the public international lawyer representing states before international tribunals is torn between loyalties to the state and loyalties to international law. As the stakes increase for the state concerned, the tension between these loyalties can become acute and lead to practices that would be condemned in developed national legal systems but have hitherto been ignored by international tribunals in international legal scholarship. They are the 'dirty stories' of international law. This detailed and contextually sensitive presentation of eight important cases before a variety of public international tribunals dissects some of the reasons for the resort to fraudulent evidence in international litigation and the profession's baffling reaction. Fraudulent evidence is resorted to out of greed, moral mediocrity or inherent dishonesty. In public international litigation, by contrast, the reasons are often more complex, with roots in the dynamics of international politics.
