Unified Patent Protection in Europe: A Commentary

2018 ◽  
Keyword(s):  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Authoritative Text ◽  
Invaluable Tool ◽  
Unified Patent Court ◽  
The Creation ◽  
Developing Area ◽  
Law Professors ◽  
New System

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.

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.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

Growth companies and procedural safeguards in European patent litigation

2018 ◽  
Vol 25 (2) ◽  
pp. 168-187 ◽  
Author(s):  
Krista Rantasaari
Keyword(s):  
Patent Protection ◽  
Patent System ◽  
European Patent ◽  
Court System ◽  
Patent Litigation ◽  
Start Up ◽  
Unified Patent Court ◽  
Procedural Safeguards ◽  
Enforcement Mechanisms ◽  
Unitary Patent

The unitary patent system with the establishment of the Unified Patent Court will lead to unitary patent protection covering most European Union countries. Moreover, it will lead to litigation with the same geographical reach. One potential concern related to increasing litigation is the so-called ‘patent trolls’ (non-practicing entities) that purchase patents for the purpose of portfolio building or company financing. One of the key expressed justifications of the unitary patent system was to support small- and medium-sized enterprises by securing them easier and wider access to patents. The aim of this article is to examine procedural safeguards from the perspective of the start-up and growth companies. These safeguards protect start-up and growth companies when acting as defendants. As a corollary, they weaken the enforcement mechanisms from the perspective of the plaintiff. The safeguards addressed in this article are fee shifting, preliminary injunctions, and bifurcation. As the Unified Patent Court system is still evolving, the current state of European patent litigation in key jurisdiction countries (Germany, the United Kingdom and the Netherlands) is analysed. This article explores how these safeguards evolve in the unitary patent regime and their potential to reduce uncertainty for start-up and growth companies when acting as defendants.

THE EUROPEAN PATENT: AN OLD AND VEXING PROBLEM

2013 ◽  
Vol 62 (4) ◽  
pp. 917-940 ◽  
Author(s):  
Justine Pila
Keyword(s):  
European Parliament ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
International Patent ◽  
History Of ◽  
The Creation ◽  
Post War ◽  
Rich History ◽  
Vexing Problem

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.

9. Software

2019 ◽  
pp. 219-257
Author(s):  
Andrew Murray
Keyword(s):  
Copyright Protection ◽  
Patent Protection ◽  
Computer Software ◽  
Copyright Infringement ◽  
Patent Law ◽  
Historical Background ◽  
European Patent ◽  
Copyright Holder ◽  
Software Copyright ◽  
The Look

This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.

10. Patent regimes and the application process

2019 ◽  
pp. 364-400
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Patent Protection ◽  
International Agreements ◽  
Patent Law ◽  
European Patent ◽  
Application Process ◽  
Future Evolution ◽  
The Uk ◽  
Changes Over Time ◽  
Examination Process ◽  
Over Time

This chapter assesses the rationales and justifications commonly seen for and against patents, which inform all aspects of patent law. Against this backdrop, the chapter explains the architecture and procedures of contemporary patent systems as they operate in the UK, within the European patent system, and through international agreements, instruments, and procedures. The chapter considers the patent registration process in the UK. Unlike copyright—and like registered trade marks and registered designs—patent protection is a registered right, granted by an intellectual property office following an application and examination process. The chapter also reviews changes over time and areas of particular debate and possible future evolution.

Historical Developments

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Patent Protection ◽  
Biological Diversity ◽  
Patent Law ◽  
Patent System ◽  
Convention On Biological Diversity ◽  
European Patent ◽  
Industrialized Countries ◽  
System P ◽  
Historical Developments ◽  
The Uk

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.

scholarly journals Problematyka wybranych zagadnień jednolitej ochrony patentowej

Radca Prawny ◽  
2021 ◽  
pp. 191-217
Author(s):  
Tomasz Orfin
Keyword(s):  
European Union ◽  
Patent Protection ◽  
Negative Impact ◽  
European Patent ◽  
The European Union ◽  
Full Implementation ◽  
Legal Structure ◽  
Proposed Model ◽  
Unified Patent Court ◽  
Unitary Patent

Problems related to selected issues of unitary patent protection Unitary patent protection is one of the key challenges for the European Union. The current initiatives, which – despite being just a short step away from full implementation due to legal and formal issues, such as the complex legal structure or non-legal claims concerning their negative impact on the economy and competitiveness of enterprises – still raise doubts and uncertainties. The aim of this article is to illustrate the problem of unitary patent protection on selected issues concerning the European patent with unitary effect and the Unified Patent Court. The obstacles that prevent the implementation of the Unified Patent Court are presented. Critical voices assessing the proposed model of unitary patent protection are also presented and discussed.

scholarly journals Advantages and Disadvantages of the Single European Patent / Prednosti in slabosti enotnega evropskega patenta

2015 ◽  
Vol 61 (2) ◽  
pp. 24-34
Author(s):  
Klara Glazer
Keyword(s):  
The United States ◽  
Patent Law ◽  
European Patent ◽  
Forum Shopping ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Unified Patent Court ◽  
Pros And Cons ◽  
Unitary Patent ◽  
Reduction Of Costs

Abstract In February 2013, the European Union successfully completed more than 30 years of negotiations and formally signed an agreement establishing a single European patent. The agreement brought about a more competitive patent law compared with that in the United States and Japan. The agreement resulted in a number of advantages, especially for small and medium-sized enterprises, such as the reduction of costs by as much as 80%, simplification of procedures, and the adoption of the Unified Patent Court. With the new unitary patent, intellectual property will grow in importance. Yet experts warn that the new patent results in new forms of unwanted behavior, such as forum shopping and the emergence of patent trolls. This study presents both sides-the pros and cons-to predict the effects on business and cover the widest possible range of experts, providing their views on the topic.

scholarly journals United patent court of the EC: organizational and economic-legal basis of functioning

2019 ◽  
pp. 34-43
Author(s):  
H.O. Androshchuk ◽  
L.I. Rabotiahova
Keyword(s):  
Intellectual Property ◽  
Economic Factor ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Patent Law ◽  
Patent System ◽  
European Patent ◽  
Association Agreement ◽  
Unified Patent Court ◽  
The Eu

The EU’s system for dealing with patent law disputes provides that disputes concerning the same European patent may be considered in parallel in different EU member states. To prevent such shortcomings from adversely affecting the transparency and functioning of the market, it was decided to introduce a Unified Patent Court in the EU patent system. The required package of documents (“patent package”) is intended to make the most valuable changes in the legal regulation of the protection and protection of inventions in the EU over the past 40 years. The article discusses the role and place of the Unified Patent Court (UPC) in the EU patent system. The organizational and economic-legal aspects of the creation and operation of a specialized patent court with exclusive jurisdiction for court proceedings related to European and unified EU patents: structure of the court, composition of judges, language of processes are analyzed. financial activities, organizational and procedural provisions, litigation costs and fees. It is emphasized that the economic factor is the key issue of the effective existence of the EU patent system. The experience of creating the Unified Patent Court will be interesting for Ukraine, which has chosen the path to create a specialized court in the field of intellectual property, because approximately one fifth of the Association Agreement with the EU concerns the unification of the legislation of Ukraine and the EU in the field of intellectual property

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