A Practitioner S Guide To The Unified Patent Court And Unitary Patent
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A Practitioner S Guide To The Unified Patent Court And Unitary Patent
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Author : Paul England
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-12-01
A Practitioner S Guide To The Unified Patent Court And Unitary Patent written by Paul England and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-01 with Law categories.
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
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Author : Paul England
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-09-08
A Practitioner S Guide To European Patent Law written by Paul England and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-08 with Law categories.
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.
Unitary Patent Enforcement
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Author : Johannes Pitz
language : en
Publisher: Beck/Hart
Release Date : 2021-06-17
Unitary Patent Enforcement written by Johannes Pitz and has been published by Beck/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-17 with Law categories.
Forty years after the first plans for the introduction of the EU patent, 25 Member States (with the exception of Italy, Spain and Croatia) have now adopted the Convention on the introduction of the EU patent with unitary effect. A central component of this is the establishment of a unified patent court (EPC), which has a court of first instance and an appeal court. The court has exclusive jurisdiction for infringement and revocation proceedings. This is intended to eliminate the previous problems of patent law enforcement, such as high costs, the risk of divergent decisions and lack of legal certainty. In this book the authors explain the course of proceedings before the EPC both with regard to the fundamental features of the EU patent, in particular its scope of protection, as well as the procedural enforcement of the EU patent. Since there is still no decision-making practice of the EPC, the authors use the decision-making practice of the national courts.
Unitary Patent Enforcement
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Author : Georg Andreas Rauh
language : en
Publisher:
Release Date : 2022
Unitary Patent Enforcement written by Georg Andreas Rauh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Electronic books categories.
"In this book the authors explain the course of proceedings before the Unified Patent Court. They look at the proceedings as they apply to the fundamental features of the EU patent, in particular its scope of protection, as well as procedural enforcement. As there is still no decision-making practice of the Court, the authors use the decision-making practice of the national courts, as a model. This will be a welcome addition to the libraries of patent lawyers across the 25 member states who have adopted Convention on the introduction of the EU patent with unitary effect."--
A User S Guide To Patents
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Author : Trevor Cook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-12
A User S Guide To Patents written by Trevor Cook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-12 with Law categories.
A User's Guide to Patents, Fifth Edition provides guidance on the areas of European and UK patent law and procedure that are most important in day-to-day practice. This new edition sets out how patents can be obtained, exploited and enforced and addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends that affect legal practitioners. It is essential reading for IP practitioners, solicitors and barristers, patent attorneys, in-house lawyers, management executives and inventors. Unique selling points: Explains how patents can be exploited and enforced by reference to the most recent UK and EPO case law Identifies and discusses the different patent law issues that can arise in specific industrial sectors Full tabulation of all English patent validity and infringement decisions given after full trial since 1997 Addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends in the field, both in Europe and internationally The following relevant developments are included: The new UK law as to infringement by equivalents following Actavis v Lilly (UKSC 2017) The degree to which new types of plant, produced by using certain modern biotechnological techniques, can be patented in the light of the exclusion for 'products obtained by essentially biological processes' and the ongoing controversy as to this between the EPO, the EPO Boards of Appeal and the EU The developing case law in the UK and the EPO on plausibility in the context of insufficiency and obviousness The Unjustified Threats Act 2017 and other procedural developments, such as those involving Arrow type declarations of obviousness Developments in standards related patent litigation, as in Unwired Planet v Huawei (Patents Court 2017, CA 2018)
Patent Litigation Through The Unified Patent Court And German Courts
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Author : Alexander Harguth
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-05-23
Patent Litigation Through The Unified Patent Court And German Courts written by Alexander Harguth and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-23 with Law categories.
Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.
Unitary Patent Enforcement
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Author : Johannes Pitz
language : en
Publisher:
Release Date : 2016-02
Unitary Patent Enforcement written by Johannes Pitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02 with categories.
A User S Guide To Patents
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Author : Trevor M. Cook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015
A User S Guide To Patents written by Trevor M. Cook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
A User's Guide to Patents, fourth edition provides guidance on the areas of European and UK patent law and procedure that are most important in day-to-day practice. It sets out how patents can be obtained, exploited and enforced as well as addressing wider public policy aspects of patents and their economic significance, as well as past and likely future trends that affect legal practitioners.The fourth edition is brought fully up to date to include the introduction of the Unitary Patent Court (UPC) and how it will work in practice.Fully updated to include the latest developments, this fourth edition will be of great use to in-house lawyers, solicitors and barristers, as well as professionals interested in patents, including patent agents, and top level management executives.Contents includes: Part 1 Patents generally:1. Introduction to the patent system2. Applying for and securing the grant of a patent3. Transactions with patents and with patent applications4. Procedures in disputes concerning patents5. Patent validity - substantive law6. Patent infringement - substantive law Part II Patents in specific areas of technology7. Patents for chemicals, pharmaceuticals and agrochemicals8. Biotechnology patents9. Patents in electronics, communications, computing and for business methodsPart III AppendicesPrevious edition ISBN: 978184766890
Us Patent Law For European Patent Professionals
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Author : A. Nickel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Us Patent Law For European Patent Professionals written by A. Nickel and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
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.
European Spcs Unravelled
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Author : Alexa von Uexküll
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-08
European Spcs Unravelled written by Alexa von Uexküll and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-08 with Law categories.
While supplementary protection certificates (SPCs) are governed by the same substantive rules in all Member States of the European Union and the European Economic Area, they are national IP rights. The formal requirements and procedural practices of the national patent offices granting SPCs still differ significantly, and these divergences can have a substantial impact in the prosecution of SPCs across Europe. This one-of-a-kind handbook provides an easily accessible overview of SPC law in Europe, covering all substantive and procedural aspects of prosecution, enforcement and invalidation, as well as SPC-related aspects of unfair competition law. Following an overarching European chapter, which addresses general considerations and the relevant European Union law, including the jurisprudence of the Court of Justice (CJEU) and the EFTA Court, this book contains separate national chapters for eleven key jurisdictions ? i.e., Germany, the United Kingdom, France, the Netherlands, Belgium, Italy, Spain, Portugal, Sweden, Iceland, and Switzerland, as well as a concluding chapter summarizing the fundamentals of SPC law and practice in sixteen further European countries. The contributors to this book, all experts in the field of SPCs in their respective jurisdictions, provide clear and hands-on guidance on a range of specific topics of practical and strategic relevance, including: • What is or is not an ‘active ingredient' amenable to SPC protection? • What is required for an active ingredient to be ‘protected' by a basic patent? • What relevance has the ‘core inventive advance' of the basic patent? • Can SPCs be obtained for ‘loose' combinations of separately formulated active ingredients? • Which basic patent should be chosen for an SPC filing? • Which types of marketing authorizations can be relied upon? • Under which conditions can SPCs be obtained for a new specific salt, ester or other derivative of a previously approved active ingredient, for a new specific enantiomer of a previously approved racemate, and for new therapeutic applications of previously approved active ingredients? • Can affiliated companies obtain several SPCs for the same product? • Does the revocation of an SPC enable the filing of a new SPC for the same product? • What are the limits to the filing of ‘unfriendly' SPCs based on third-party marketing authorizations? • What relevance does the product definition of an SPC have for its scope of protection? • What is the scope of protection of an SPC in relation to derivatives of an active ingredient? • How is the SPC term calculated, and how can an erroneous term be corrected? • How can SPCs and paediatric extensions be invalidated, and which grounds of invalidity can be invoked? • What pitfalls must be avoided in terms of unfair competition law? This book provides invaluable assistance to IP practitioners in devising successful pan-European SPC filing strategies. Its practice-oriented, country-by-country format makes it easy to compare the national practices and the respective national case law of the different European countries.