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A Practitioner's Guide to European Patent Law: For National Practice and the Unified Patent Court

A Practitioner's Guide to European Patent Law: For National Practice and the Unified Patent Court

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509928606
  • 出版时间 October 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    Written by a team of lawyers with long-standing experience in patent litigation in Europe, this book is a comprehensive and practical guide to European patent law, highlighting the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office (EPO), England & Wales, France, Germany and the Netherlands.

    It is frequently the case that the decisions and approaches of these courts are cited by European patent lawyers of all jurisdictions when submitting arguments in their own national courts. The book is therefore intended to provide a guide to patent lawyers acting in the national European courts today. The book also looks to the future, by addressing all the areas of patent law for which the proposed Unified Patent Court (UPC) will need to establish a common approach.

    Uniquely, the book: i) addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than in nation-by-nation chapters; and ii) provides an overview in each chapter of the common ground between the national approaches, and outlines a foundation for the UPC.

  • Introduction
    1. The Skilled Person and their Common General Knowledge
    I. The Skilled Person or Team
    II. Common General Knowledge
    III. Towards Common Ground in the UPC
    2. Scope of Protection of Patent Claims
    I. Statutory Basis
    II. General Principles of National Law on the Doctrine of Equivalents
    III. The Role of the Prosecution File
    IV. Numerical Ranges
    V. Case Comparison – The Pemetrexed Decisions
    VI. Towards Common Ground in the UPC
    3. Direct Infringement
    I. Statutory Basis
    II. Issues Relating to Article 25(a) CPC 1989
    III. Products Made by an Infringing Process (Article 24(c) CPC 1989)
    IV. Second Medical Use Claim Infringement
    V. Infringement of DNA Sequences
    VI. Towards Common Ground for the UPC
    4. Indirect Infringement
    I. Statutory Basis
    II. Means Relating to an Essential Element of the Invention
    III. Staple Commercial Products
    IV. Knowledge
    V. Double Territoriality
    VI. Indirect Infringement of Second Medical Use Claims
    VII. Common Design
    VIII. Towards Common Ground in the UPC
    5. Defences
    I. The Diverse Sources of Defence to Infringement
    II. The Experimental Use Exemption
    III. The Bolar Exemption
    IV. Exhaustion
    V. Invalidity of Claims Asserted
    VI. FRAND Licence Objection
    VII. Prior Use
    VIII. Innocent Infringement as a Defence to Damages
    IX. Towards Common Ground in the UPC
    6. Remedies
    I. Statutory Basis
    II. Preliminary Injunctions
    III. Final Injunction
    IV. Stays of Injunction and Tailored Orders
    V. Springboard Relief
    VI. Award of Damages and Lost Profits
    VII. Recall, Removing from the Channels of Commerce and Destruction
    VIII. Publication of Judgment
    IX. Towards Common Ground in the UPC
    7. 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
    VI. Towards Common Ground in the UPC
    8. Novelty
    I. Statutory Basis
    II. General Principles of EPO and National Case Law
    III. Interpreting Patent Claims and the Prior Art for Novelty Purposes
    IV. Made Available to the Public
    V. Novelty Over General Disclosures in the Art
    VI. Priority
    VII. First, Second and Subsequent Medical Uses
    VIII. Other Forms of Purpose-limited Claims
    IX. Claim Amendment
    X. Towards a Common Approach for the UPC
    9. Inventive Step
    I. Statutory Basis
    II. The Approach of the EPO Boards
    III. The Approaches of the National Courts
    IV. Criticism of Problem-and-Solution
    V. Criticism of Motivation-based Tests
    VI. An Alternative Basis for Assessing Inventive Step
    VII. Mixed Technical and Non-technical Features
    VIII. Combinations of Prior Art Features
    IX. Secondary Indicia
    X. Case Comparison
    XI. Towards Common Ground for the UPC
    10. Sufficiency
    I. Statutory Basis
    II. General Approaches of EPO and National Law
    III. Biogen Insufficiency and Lundbeck-type Cases
    IV. Functionally Defined, 'Reach-through' Claims
    V. Biological Deposits
    VI. Plausibility in the Context of Insufficiency
    VII. Lack of Clarity
    VIII. Towards Common Ground in the UPC
    11. Plausibility
    I. Is Th ere 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
    VIII. The Plausibility Threshold
    IX. Further Questions
    X. Towards Common Ground for the UPC
    12. Supplementary Protection Certificates
    I. Statutory Basis
    II. Conditions for Grant
    III. Protected by a Basic Patent in Force
    IV. Marketing Authorisations in the SPC Context
    V. Term
    VI. Medicinal Products for Paediatric Use
    VII. Reform
    VIII. Towards Common Ground for the UPC
    13. Patent Ownership, Dealings and Employee Inventors
    I. Introduction
    II. Ownership
    III. Inventor Compensation
    IV. Rights of Co-owners
    V. Patent Dealings
    VI. Effect of Transfer of Ownership on Licensee
    VII. Compulsory Licences and Licences of Right
    VIII. Patent Ownership, Dealings and Employee Inventors in the UPC
    14. Cross-border Actions in Europe
    I. The Brussels Regulation
    II. Cross-border Validity Actions
    III. Cross-border Infringement Actions
    IV. Cross-border Declarations of Non-infringement
    V. Common Ground for the UPC
    15. The Impact of Brexit
    I. Background
    II. The Brexit Options
    III. Brexit and Patents
    IV. Brexit and Supplementary Protection Certificates

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