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Coming Soon A Practitioner's Guide to European Patent Law 3rd ed

A Practitioner's Guide to European Patent Law 3rd ed

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509981144
  • Previous Edition ISBN: 9781509947645
  • 出版时间 July 2025
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥44,650.00
发货时间:大约 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
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The publication date listed on our site is the latest information we have from the publisher, and that this date may change.

Most pre-orders will be dispatched on, or before publication date and we will make every effort to make sure they arrive with you as close to publication date as we can.

  • 描述 
  • 大纲 
  • 详细

    This new edition offers a comprehensive and practical guide to European patent law.

    This book uniquely addresses European patent law using a thematic approach, assessing the national and EPO approaches together rather than in nation-by-nation chapters. Each chapter therefore enables the common ground, and differences, between approaches to be assessed.

    The most influential European patent law jurisdictions are covered in the book, including the leading cases from 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.

    In addition to featuring completely revised content on the fast-moving subject areas of FRAND and plausibility, and updates in all other areas of patent law, the 3rd edition includes for the first time fully integrated coverage of every substantive decision of the Unified Patent Court. A must-read for anyone working in the field of European patent law.

  • 1. Introduction
    I. Towards a ius commune of Patent Law
    II. The Purpose of this Book
    1. The Skilled Person and their Common General Knowledge
    I. The Skilled Person or Team
    II. Common General Knowledge

    2. Scope of Protection of Patent Claims
    I. Statutory Basis
    II. Principles of Construction
    III. General Principles of National Law on the Doctrine of Equivalents
    IV. The Role of a 'Formstein Defence'
    V. The Role of the Prosecution File
    VI. Particular Terms and Forms of Claim
    VII. Numerical Ranges
    VIII. Case Comparison – The Pemetrexed Decisions

    3. Direct Infringement
    I. Statutory Basis
    II. Liability
    III. Territoriality
    IV. Product Claims (Article 25(a) CPC 1989)
    V. Process Claims (Article 25(b) CPC 1989)
    VI. Products Made by an Infringing Process (Article 25(c) CPC 1989)
    VII. Processes for Obtaining New Products
    VIII. Second Medical Use Claim Infringement
    IX. Infringement of DNA Sequences
    X. Unjustified Threats

    4. Indirect Infringement
    I. Statutory Basis
    II. Means Relating to an Essential Element of the Invention
    III. Means Suitable for Putting the Invention into Effect
    IV. Knowledge
    V. Staple Commercial Products
    VI. Double-territoriality
    VII. Indirect Infringement of Swiss Form Claims
    VIII. Indirect Infringement of EPC 2000 Claims
    IX. Other Forms of Contributory Infringement

    5. General Defences
    I. The Diverse Sources of Defence to Infringement
    II. The Experimental Use Exemption
    III. The Bolar Exemption
    IV. Other Statutory Defences
    V. Exhaustion
    VI. De minimis
    VII. Public Interest Compulsion and Crown Use
    VIII. Invalidity and Non-Infringement of Claims Asserted
    IX. Issue Estoppel
    X. FRAND Licence Objection
    XI. Prior Use (Article 37 CPC 1989)

    6. Declarations
    I. General Jurisdictional Basis
    II. Declarations of Non-Infringement
    III. Declarations that a Patent is Standard Essential
    IV. Declarations Concerning Validity

    7. FRAND
    I. Standards, SEPs and FRAND
    II. Guidance at the European Level
    III. General Principles of National Law
    IV. Determining the FRAND Rate
    V. Anti-Suit Injunctions (ASIs) and Anti-Anti-Suit Injunctions (AASIs)

    8. Remedies
    I. Statutory Basis
    II. Preliminary Injunctions
    III. Damages for Unjustified Injunction
    IV. Protective Letters
    V. Quia Timet Injunction
    VI. Final Injunction
    VII. Springboard Relief
    VIII. Award of Damages
    IX. Account of Profits
    X. Recall, Removing from the Channels of Commerce and Destruction
    XI. Publication of Judgment
    XII. Effect of Tested Validity
    XIII. Substantive Treatment of Costs

    9. Patentability and Industrial Application
    I. Statutory Basis
    II. Industrial Application
    III. Excluded Subject-matter
    IV. Exceptions to Patentability
    V. Methods of Treatment and Diagnostics – Article 53(c) EPC

    10. Novelty
    I. Statutory Basis
    II. General Principles of EPO and National Case Law
    III. Treatment of Disclosure and Enablement
    IV. Interpreting Patent Claims and the Prior Art for Novelty Purposes
    V. Made Available to the Public
    VI. Novelty Over General Disclosures in the Art
    VII. Priority
    VIII. Product by Process Claims
    IX. Second and Subsequent Medical Uses
    X. Other Forms of Purpose-limited Claims
    XI. Claim Amendment

    11. Inventive Step
    I. Statutory Basis
    II. Date
    III. Determination of Fact or Law?
    IV. Technical or Commercial Question?
    V. The Role of Common General Knowledge
    VI. Structured Approaches to Inventive Step
    VII. Motivation Based Approaches
    VIII. Criticism of Problem-and-Solution
    IX. Criticism of Motivation-based Tests
    X. An Alternative Basis for Assessing Inventive Step
    XI. Mixed Technical and Non-technical Features
    XII. Combinations of Prior Art Features
    XIII. Other Factors
    XIV. Case Comparison (Tadalafil)

    12. Sufficiency
    I. Statutory Basis
    II. General Approaches of EPO and National Law
    III. Principle of General Application
    IV. Technical Contribution and Invention Treated Separately
    V. Forms of Claim
    VI. Inventive Improvements/Infringements
    VII. Promised Quality not Enabled and Errors
    VIII. Deposits of Biological Material
    IX. Plausibility in the Context of Insufficiency
    X. Lack of Clarity

    13. Plausibility
    I. Is There a Statutory Basis?
    II. Origins of Plausibility in the EPO
    III. Inventive Step
    IV. Insufficiency
    V. Industrial Applicability
    VI. The Novelty Context
    VII. Post-dated Evidence and ab-initio Plausibility
    VIII. The Plausibility Threshold
    IX. Further Questions

    14. Supplementary Protection Certificates
    I. Statutory Basis
    II. Certificates for Plant Protection Products
    III. Conditions for Grant
    IV. Protected by a Basic Patent in Force
    V. Marketing Authorisations in the SPC Context
    VI. Extent of Protection (Article 4 SPC Regulation)
    VII. Same Rights as Conferred by the Patent (Article 5 SPC Regulation)
    VIII. Term
    IX. Medicinal Products for Paediatric Use
    X. The SPC Manufacturing Waiver

    15. Patent Ownership, Dealings and Employee Inventors
    I. Introduction
    II. Ownership
    III. Approaches to Inventor Compensation
    IV. Rights of Co-owners
    V. Patent Dealings
    VI. Effect of Transfer of Ownership on Licensee
    VII. Compulsory Licences
    VIII. Public Interest Compulsion
    IX. Unitary Patents as 'Objects of Property'

    16. Cross-border Actions in Europe
    I. Relation between National and EPO Proceedings
    II. The Brussels Regulation
    III. Cross-Border Validity Actions
    IV. Cross-border Infringement Actions
    V. Cross-border Declarations of Non-infringement

    17. Evidence
    I. General Principles
    II. Burden of Proof
    III. General Obligations to Produce Evidence
    IV. Specific Means for Obtaining Evidence
    V. Role of Witness of Fact Evidence
    VI. Opinion Evidence
    VII. Experiments
    VIII. Letters Rogatory (Letters of Request) and US 1782
    IX. Border Seizures
    X. Confidentiality
    XI. Privilege

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