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 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 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.
Download or read book Economic Analyses of the European Patent System written by Stefan Wagner and published by Springer Science & Business Media. This book was released on 2007-12-14 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stefan M. Wagner analyses problems associated with institutional changes (duration of patent examination and opposition mechanisms), the expansion of the patentable subject matter and organizational challenges for industrial patentees. The study is based on the empirical analysis of large scale datasets on European patents and employs advanced multivariate methods such as semi-parametric and panel-data regression methods.
Download or read book European Patent Convention written by Alexandru Cristian Strenc and published by Kluwer Law International B.V.. This book was released on 2018-10-23 with total page 174 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 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.
Download or read book Judicial Coherence in the European Patent System written by Baldan, Federica and published by Edward Elgar Publishing. This book was released on 2022-06-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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
Download or read book The European Patent System written by Gerald Paterson and published by . This book was released on 1994-12-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Economics of the Patent System written by E. Kaufer and published by Routledge. This book was released on 2012-11-12 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: How effective are patents for stimulating economic activity? This volume provides an overview of existing national patent systems and suggests a revised system.
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.
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-09-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
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.
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:
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.
Download or read book The European Patent System written by Christopher P. Tootal and published by . This book was released on 1995 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patents in the Knowledge Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-08-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
