THE EUROPEAN PATENT: AN OLD AND VEXING PROBLEM

2013 ◽  
Vol 62 (4) ◽  
pp. 917-940 ◽  
Author(s):  
Justine Pila

AbstractIn December 2012, the European Parliament supported the creation of a European patent with unitary effect. For the next year at least, the international patent community will be on the edge of its proverbial seat, waiting to see whether the proposal becomes a reality. If it does, it will be a significant event in both the long and rich history of patent law, and in the equally rich and understudied history of attempts to create a European patent system. In this article I consider the three post-war European patent initiatives of the most direct and enduring relevance in that regard with a view to answering the following questions. First, what drove them? Second, what issues confronted them? And third, how were those issues resolved and with what ultimate effect? In the concluding section I relate the discussion back to the present by offering some remarks on the current European patent proposal in light of the same.

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Serge Noiret

AbstractThis article traces the origins and development of public history in Italy, a field not anymore without this name today. Public history in Italy has its roots in historical institutions born in the nineteenth century and in the post WW2 first Italian Republic. The concept of “public use of history” (1993), the important role played by memory issues in post-war society, local and national identity issues, the birth of public archaeology (2015) before public history, the emergence of history festivals in the new millennium are all important moments shaping the history of the field and described in this essay. The foundation of the “Italian Association of Public History” (AIPH) in 2016/2017, and the promotion of an Italian Public History Manifesto (2018) together with the creation of Public History masters in universities, are all concrete signs of a vital development of the field in the Peninsula.


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.


Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

This chapter introduces the European law of patents and related rights with a discussion of the nature of patents as limited-term monopoly rights granted in respect of new, inventive, and industrially applicable inventions and the routes to obtaining patent protection in Europe. It then considers the existing European patent system established by the European Patent Convention 1973/2000, including its basis in state-based conceptions of IP territoriality, and the challenges presented to that system by globalization and developing technology. And finally, it discusses the long-standing pursuit of a unitary patent and unified patent court for Europe, including the reasons for each, and the features of the proposed Unitary Patent Package of 2012/2013.


2021 ◽  
Vol 1 (1) ◽  
pp. 6-13
Author(s):  
N.I. Troitskiy ◽  

The history of the creation and development of the head institute of the Ministry of Defense In-dustry of the USSR for engines - the Research Institute of Engines (nowadays JSC “NIID”) is con-sidered. Institute participated in the development and improvement of almost all post-war engines for armored vehicles: the 5TD (6TD), V2, 2V, UTD, GTD-1000T families and its modifications. Research and development of the institute ensured the provision of comprehensive technical assis-tance to the factories of the industry and the creation of an advanced scientific and technical re-serve.


Author(s):  
Jonathan M. Barnett

This chapter presents a history of the U.S. patent system based on quantitative and qualitative evidence relating to patentees’ expectations that courts will uphold the validity of contested patents, find infringement, and award injunctive relief against infringing parties. Additionally, this chapter describes historical changes in antitrust law that have impacted patentees’ ability to enter into licensing and other patent-dependent transactions. Based on these features of patent law and antitrust-related patent law, supplemented by background institutional developments, the history of the U.S. patent system during 1890–2006 consists of three periods: (i) a strong-patent, weak-antitrust period from 1890 through the mid-1930s; (ii) a weak-patent, strong-antitrust period from the late 1930s through the 1970s; and (iii) a strong-patent, weak-antitrust period from the early 1980s through 2006. Historical trends in the volume of patent applications by U.S. inventors are consistent with this division of U.S. patent history.


Author(s):  
Grażyna Lewandowicz-Nosal

The article attempts to reconstruct the assumptions and ideas that influenced the creation and organization of public libraries for children in the interwar period in Poland. On the basis of press articles and archival materials, two models of child reader support were described (Łódź model – creation of book rental, and Warsaw model – creation of readers), as well as foreign models (French and American) used by the founders of these institutions, taken over by the emerging Polish libraries. In the final part, there is a reference to war and just a post-war history of children’s libraries. The names of the creators of the idea of children’s librarianship in the Second Polish Republic were recalled (among others, Helena Radlińska, Jan Augustyniak, Maria Gutry, Jadwiga Filipkowska-Szemplińska and others)  


Author(s):  
Feroz Ali

Throughout the history of patent law, the manner of representation of invention influenced the process of the patent office in prosecuting them. This chapter traces how changes in the representation of the invention—from material to textual to digital—transformed patent prosecution. Early inventions were represented by working models, the materialized invention that needed little or no examination by the patent office, as they were the inventions themselves. Substantive examination became necessary when the representation of the invention shifted from material to textual, the point in history where the invention became textualized and represented by the patent specification, the written document that encompassed the invention. The textualized invention, apart from effecting critical changes in patent prosecution, centralized the operations of the patent office. With the adoption of new technologies like blockchain and artificial intelligence (AI), the manner of representation of invention will undergo yet another change resulting in the further evolution of patent prosecution. Like digital photography which changed the representation of images by radically changing the backend process, the digitalized invention will change the backend process of the patent office, ie, patent prosecution. The most significant systemic consequence of the digitalization of the invention will be the decentralization of patent system.


Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright

This chapter describes historical developments in patent systems and patent law. It highlights key developments in the UK from 1800–2014, in the US from 1790–2014, in other industrialized countries (Germany, France, the Netherlands, Switzerland, and Japan), and in developing countries. The final section discusses international developments such as the Paris Convention, the European Patent Convention, the Unitary Patent system in Europe, the Patent Cooperation Treaty, the TRIPs Agreement, the Convention on Biological Diversity, the Patent Law Treaty, the London Agreement, and the Substantive Patent Law Treaty. These developments, which have generally acted to strengthen patent protection, did not simply happen of their own accord; political, diplomatic, and industry lobbying activities have played a larger role than any objective analysis of the economic and social benefits of the patent system.


Author(s):  
Lars U. Scholl

This essay considers the Port of Bremerhaven and the relationship between trade, the port, and town development from the pre-industrial period through to the second half of the nineteenth century. It explores the population shift in relation to industrialisation and shipping; a history of the construction of german river-based towns in the nineteenth century; trade with American merchants - train oil, cotton, tobacco, and rice; and a detailed history of the construction of the port of Bremerhaven. It concludes by asserting that the intended use of Bremerhaven was solely as an outport for Bremen, but that political, social, and economic circumstances allowed it to develop outside these parameters. It also states that post-war, Bremerhaven has struggled economically, even with the advent of container shipping.


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