Brief of Amici Curiae Interested Patent Law Professors in Support of Neither Party in Prometheus v. Mayo

Author(s):  
Christopher M. Holman
Keyword(s):  

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):  
A.V. Bagrov

Patent law, which arose at the beginning of the industrial revolution and protects the rights of the patent holder solely on the territory of patenting, does not apply to inventions used in outer space. Space is not included in any patenting territory. It is necessary on a new basis to form the space law on the protection of innovative solutions, which will take into account the uncertain time between the filing of an application for an invention and its first use in space. Now it often exceeds the generally accepted period of validity of patents. For space patents, it is advisable to establish their validity for at least 50 years from the date of first use. All outer space, including all objects located in it, is proposed to be declared a single patent territory. It is necessary to exclude duties on the maintenance of patents used in space flights, if they are used only by the developer or are transferred to them for free leasing.


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