Patents In Germany And Europe
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Patents In Germany And Europe
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Author : Alexander Harguth
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-06-15
Patents In Germany And Europe 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 2017-06-15 with Law categories.
Germany’s patent system presents unique opportunities for patent holders, as well as risks for companies doing business there. Germany is one of the world’s top jurisdictions for patent enforcement because of the expertise of German courts, their unique procedures, and the speed of these proceedings. Winning a patent suit in Germany is tantamount to winning the European market, and gives the patent owner substantial leverage over opponents to achieve a worldwide settlement. In addition, suits in Germany frequently resolve well ahead of United States counterpart suits, at a fraction of the cost. This handbook, now in its second, fully updated edition, provides international lawyers with a practical understanding of Germany’s patent system, including the many legal changes that have occurred since the book’s original publication in 2011. It also addresses the implications of the upcoming Unified Patent Court. This second edition provides an in-depth, step-by-step procedural analysis of aspects of current patent practice in Germany, including the following: • Germany’s split system that bifurcates infringement from validity cases; • Obtaining discovery; • Claim construction; • Budgeting; • Implications of the upcoming new patent system, in particular the Unified Patent Court; • Germany’s labor law regarding employee inventions; and • Customs actions. The authors — both experienced patent lawyers, one German, one American — present proceedings in Germany in parallel with corresponding patent litigation stages in the United States. The chapters track the structure of patent disputes, starting with the overall structure of the German judicial system, followed by topics such as patentability, patent procurement, oppositions, infringement trials and customs enforcement actions. This book concludes with an extensive selection of forms and legislative material. Understanding the opportunities available in Germany provides companies with a broader toolkit for enforcing their intellectual property rights and defending against challenges brought by others. Practicing patent lawyers will not find a more complete, informed and practical guide than this book explaining the framework for patent procurement, enforcement and defense in Germany. Many will find surprising options without parallel in the United States.
European Patent Law
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Author : Stefan Luginbuehl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01
European Patent Law written by Stefan Luginbuehl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
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.
Patent Information And Documentation In Western Europe
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Author : Commission of the European Communities
language : en
Publisher:
Release Date : 1981
Patent Information And Documentation In Western Europe written by Commission of the European Communities and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Information storage and retrieval systems categories.
Patent Law
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Author : Maximilian Wilhelm Haedicke
language : en
Publisher:
Release Date : 2014
Patent Law written by Maximilian Wilhelm Haedicke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Copyright categories.
This book offers an in-depth examination of the European patent law regime. Aimed at practising lawyers it provides a one-stop reference for everything that they need to understand the rapidly developing European law on this subject.
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.
Enforcing And Trading Patents
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Author : Fabian Gäßler
language : en
Publisher: Springer
Release Date : 2016-05-18
Enforcing And Trading Patents written by Fabian Gäßler and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-18 with Law categories.
Applying novel datasets, Fabian Gäßler analyzes how key aspects of the current patent system in Europe and Germany, respectively, affect patent enforcement and patent trade. In particular, he shows what factors determine court selection in patent litigation and how the jurisdictional separation of validity and infringement questions favors the patent holder. The author further provides empirical evidence for the market for patents in Europe. The presented findings yield important implications for the ongoing debate on the optimal design of patent systems.
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.
European Patent Litigation In The Shadow Of The Unified Patent Court
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Author : Luke McDonagh
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-07-27
European Patent Litigation In The Shadow Of The Unified Patent Court written by Luke McDonagh and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-27 with Law categories.
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.
Unified Patent Protection In Europe
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Author : Winfried Tilmann
language : en
Publisher: Oxford University Press
Release Date : 2018-07-19
Unified Patent Protection In Europe written by Winfried Tilmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-19 with Law categories.
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.
The Inventiveness Requirement In Patent Law
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Author : Lodewijk W.P. Pessers
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-20
The Inventiveness Requirement In Patent Law written by Lodewijk W.P. Pessers 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 2016-04-20 with Law categories.
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.