Protecting Inventions in Chemistry:  Commentary on Chemical Case Law under the European Patent Convention and the German Patent Law By Dr. Bernd Hansen and Dr. Fritjoff Hirsch. Wiley-VCH:  New York. 1997. 511 pp. 3-527-28808-2. $99.95.

1998 ◽  
Vol 38 (6) ◽  
pp. 1254-1254
Author(s):  
Jayashri Nagaraja
Keyword(s):  
New York ◽  
Case Law ◽  
Patent Law ◽  
European Patent ◽  
German Patent ◽  
European Patent Convention

No Need for ‘Plausibility’ in German Patent Law

2020 ◽  
Author(s):  
Markus Ackermann
Keyword(s):  
Case Law ◽  
Patent Law ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Inventive Step ◽  
German Patent

Abstract In the case law of the Boards of Appeal of the European Patent Office (EPO), increasing importance is being attached to the concept of ‘plausibility’, which, however, has no literal basis in the EPC. Nevertheless, many decisions in which inventive step (Art. 56 EPC) is assessed address the question of whether the claimed solution was at least ‘plausible’ at the effective date. For medical use claims, a ‘plausibility test’ is even performed for assessing sufficiency of disclosure (Art. 83 EPC). Starting from this example, the following article shows why German patent law does not need ‘plausibility’.

Towards a Pro-active Approach Concerning the Intersections between the Jordan Patents of Invention Law, United States Patent Law and European Patent Convention

2011 ◽  
Vol 25 (1) ◽  
pp. 71-87
Author(s):  
Zein J. Razem ◽  
Qais Ali Mahafzah
Keyword(s):  
United States ◽  
The United States ◽  
Patent Law ◽  
European Patent ◽  
United States Patent ◽  
European Patent Convention ◽  
Active Approach ◽  
Patent Laws ◽  
The World ◽  
States Patent

AbstractAttempts to harmonize patent laws worldwide have increased, leaving bits of argumentative issues untouched in the patent systems under scrutiny. However, diversity can sometimes prove desirable since majority rule is not always right and the minority wrong. Sometimes a part is more righteous than the whole. This research focuses on areas where the Jordan Patents of Invention Law, United States Patent Law, and the European Patent Convention intersect. It concludes that although most countries, including Jordan, follow a different path than that taken by the United States, it may be unnecessary for the United States to change its system in order to be in sync with the rest of the world. Thus, it may prove advantageous to have two separate systems that can provide different patent protections where humanity achieves progression and development.

Legal and regulatory update

2005 ◽  
Vol 11 (2) ◽  
Author(s):  
John Wilkinson
Keyword(s):  
Patent Law ◽  
Patent Infringement ◽  
European Patent ◽  
Final Time ◽  
The Past ◽  
European Patent Convention ◽  
First Case ◽  
House Of Lords ◽  
Regulatory Update

The year 2004 saw the end game of what was probably the largest and most significant patent infringement case in the English Courts of the past 10 years. Bird & Bird acted for TKT throughout. Kirin-Amgen and Transkaryotic Therapies Inc. (TKT) crossed swords for the final time in the House of Lords during an eight day appeal hearing in July 2004. The case is significant for the number of patent law issues at stake: novelty of product-by-process claims, three types of pleaded insufficiency, and most importantly the issues of purposive construction and infringement under the Protocol to Article 69 of the European Patent Convention. This section focuses mainly on the first and last of these issues. Indeed, the TKT case is actually the first case dealing with 'protocol infringement' to reach the House of Lords under the 1977 Patents Act. The appellate committee comprised Lords Hoffmann, Hope, Rodger, Walker and Brown.

scholarly journals The Moral Clause in Patent Law and Threats Posed by Human Germl ine Genome Editing

2021 ◽  
Vol 14 (1) ◽  
pp. 145
Author(s):  
Gabriel Zanatta Tocchetto
Keyword(s):  
Intellectual Property ◽  
Genome Editing ◽  
Patent Law ◽  
European Patent ◽  
European Patent Convention ◽  
Technological Advances ◽  
Patent Laws ◽  
Deductive Method ◽  
Germline Modification ◽  
Applied Biology

This article examines whether the lack of closure of moral clauses in patent laws, particularly in dealing with the issue of human germline genome editing, causes such clauses to fail to function as a moratorium in countries like Mexico. The hypothesis posed here is that a general, open, moral clause in intellectual property legislation, specifically in patent law, is ineffective when confronted with a foreseeable but strong innovation that alters an area of applied biology such as human germline genome editing. Using the deductive method, this research aims to determine whether countries like Mexico need to provide more specific guidance in their legislation on technological innovations like human germline modification in order to foster an atmosphere of legal certainty. A comparative analysis of the closed morals clause in the European Patent Convention and the open morals clause in Mexico’s intellectual property law confirms this hypothesis. Specifically, the lack of closure of a morals clause in patent law, when confronted with novel and complex technological advances, will likely fail to function as a moratorium.

Products, Patents, Proportionality – How German Patent Law Responds to 21st Century Challenges

2020 ◽  
Vol 69 (6) ◽  
pp. 578-584
Author(s):  
Julia Schönbohm ◽  
Natalie Ackermann-Blome
Keyword(s):  
21St Century ◽  
Consumer Protection ◽  
Case Law ◽  
Patent Law ◽  
German Patent ◽  
Economic Reality ◽  
New Challenges

Abstract German patent law faces challenges in trying to accommodate a changing technological and economic reality. As a result, recent legislative initiatives have been dominated by discussions about adjusting the German Patent Act, especially with regard to the claim for an injunction. This article gives a brief overview of these new challenges as well as the legal background of injunctions in German patent law and the underlying case law. It also evaluates the proposed amendment of the provision on injunctions in the discussion draft of the Federal Ministry of Justice and Consumer Protection (BMJV) on the modernisation of patent law of 14 January 2020.

4. Introduction to European Patent Law

2019 ◽  
pp. 99-119
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
European Law ◽  
European Patent Convention ◽  
Unified Patent Court ◽  
Unitary Patent

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.

Artificial Intelligence Designated as Inventor – An Analysis of the Recent EPO Case Law

2020 ◽  
Vol 69 (9) ◽  
pp. 918-924
Author(s):  
Martin Stierle
Keyword(s):  
Artificial Intelligence ◽  
Subject Matter ◽  
Case Law ◽  
Current Approach ◽  
Patent Law ◽  
European Patent Office ◽  
European Patent ◽  
Patent Office ◽  
Patent Applications ◽  
Artificial Intelligence Systems

Abstract This paper will focus on the issue of designating artificial intelligence systems as inventors in the current framework of European patent law. Most recently, the European Patent Office rejected two patent applications which indicated a machine called DABUS as the inventor of the claimed subject-matter. The paper will analyse the grounds of the decisions in detail, thereby reflecting on the current approach of the European Patent Office to such designations and on the concept of inventorship within the European patent system in general.

Patenting Inventions in the Field of Biology and Chemistry: German and European Patent Law and Case Law

1997 ◽  
Vol 84 (10) ◽  
pp. 431-443 ◽  
Author(s):  
Volker Vossius
Keyword(s):  
Case Law ◽  
Patent Law ◽  
European Patent
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