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 208 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 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.
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 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:
Download or read book The Vedic Vision written by and published by . This book was released on 1991 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 166 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 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.
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.
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 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.
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.
Download or read book Transitions in European Patent Law written by Rosa Maria Ballardini and published by Kluwer Law International. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editors and Contributors --Preface --Introduction --European Patent Reforms: General Perspectives --The Substantive Patent Law Framework --Enforcement and Procedural European Patent Law --European Patent Law: Perspectives from Other Fields of Law --Bibliography --Table of Legislation --Table of Cases.
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.
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 238 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 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:
Download or read book US Patent Law for European Patent Professionals written by A. Nickel and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Far more than a revised update, this new edition of a well-received guide to US patent law is twice as valuable to European patent practitioners as the previous edition. It is virtually a brand new book. The author, drawing on her recent years at a US firm, has augmented each chapter with practical information – including lines of argumentation to overcome obviousness rejections – and added new chapters, as well as much more detail on petitions and appeals, post-grant proceedings, and litigation. The new edition tells European practitioners not just about the framework of US patent law, but how it is applied. No other such book exists. With an overview of options at each stage of US patent prosecution and enforcement – with particular emphasis on its differences from the EPO system – the new edition details the available courses of action for all the procedural scenarios a European patent attorney is likely to encounter. The coverage is loaded with practical guidance on such aspects of US patent law and procedure as the following: · drafting applications and filing them at the US Patent Office; · applying provisions of the America Invents Act of 2011; · possible responses to a Final Office Action; · costs, fees, and time periods for various procedural actions; · using the US Manual of Patent Examination Procedure (MPEP); · declarations, oaths, and affidavits; · the Quick Path Information Disclosure Statement (QPIDS); · submissions on patentability by third parties; and · supplemental replies during examination proceedings. Every step in the process is described and directly compared as it operates under both the European Patent Convention (EPC) and US patent law. Any practitioner who has unsuccessfully tried to pursue in the US claims that were granted in the EPO will gain a new understanding of the reasons why – and what to do about it. In this highly practical, one-of-a-kind book, European patent professionals will find, detail by detail, exactly what is required at every stage of patent proceedings in the US. There is no other available source of such instantly accessible information for European patent lawyers, in-house counsel and paralegals, or EPC or national patent office officials, to all of whom this book will be of immeasurable value and usefulness. Intellectual property law academics and students will also benefit from the book’s comparative approach.
