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A Practitioner's Guide to European Patent Law: For National Practice and the Unified Patent Court 2nd ed

A Practitioner's Guide to European Patent Law: For National Practice and the Unified Patent Court 2nd ed

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509947645
  • Previous Edition ISBN: 9781509928606
  • 出版时间 September 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: JP¥44,650.00

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  • 描述 
  • 大纲 
  • 详细

    This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: 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 Belgium, Italy, Spain, Sweden, Denmark, and Switzerland.

    Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future.

    In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.

  • Explanatory Note and Acknowledgements
    Abbreviations
    Table of Cases
    Table of EU and International Material
    Table of National Materials
    Introduction
    I. Towards a Common Standard of Patent Law
    II. The Purpose of this Book
    III. Outline of Chapters
    1. The Skilled Person and their Common General Knowledge
    I. The Skilled Person or Team
    II. Common General Knowledge
    III. Towards Common Ground
    2. Construction and 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 the “Formstein defence”
    V. The Role of the Prosecution File
    VI. Particular terms and forms of claim
    VII. Forms of claim
    VIII. Numerical Ranges
    IX. Towards Common Ground
    3. Direct Infringement
    I. Statutory Basis
    II. Liability
    III. Product claims (Article 25(a) CPC 1989)
    IV. Process claims (Article 26 CPC 1989)
    V. Products Made by an Infringing Process (Article 24(c) CPC 1989)
    VI. Processes for obtaining new products
    VII. Second Medical Use Claim Infringement
    VIII. Problems raised by purpose limited claims
    IX. Infringement of DNA Sequences
    X. Unjustified threats
    XI. Towards Common Ground
    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. Staple Commercial Products
    V. Knowledge
    VI. Staple commercial products
    VII. Double Territoriality
    VIII. Extra-territoriality
    IX. Indirect Infringement of Second Medical Use Claims
    X. Other forms of contributory infringement
    XI. Towards Common Ground
    5. Defences
    I. The Diverse Sources of Defence to Infringement
    II. The Experimental Use Exemption
    III. The Bolar Exemption
    IV. Other defences in the CPC 1989
    V. Exhaustion
    VI. De minimis
    VII. Public interest compulsion and Crown use
    VIII. Invalidity and non-infringement of Claims Asserted
    IX. Euro-defences
    X. Prior Use
    XI. Innocent Infringement as a Defence to Damages
    XII. Towards Common Ground
    6. Declarations
    I. General jurisdictional basis
    II. Declarations of non-infringement
    III. Declaration that patent is standard essential
    IV. Declarations concerning validity
    7. FRAND
    I. Standards, SEPs and FRAND
    II. European Guidance
    III. General Principles of National Law
    V. Determining the FRAND royalty rate
    8. Remedies
    I. Statutory Basis
    II. Preliminary Injunctions
    III. Damages for unjustified injunction
    IV. Effect of Protective Letter
    V. Quia Timet Injunction
    VI. Final Injunction
    VII. Publication of Judgment
    VIII. Affect of tested validity
    IX. Approach to costs
    X. Towards Common Ground
    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
    VI. Towards Common Ground
    10. Novelty
    I. Statutory Basis
    II. General Principles of EPO and National Case Law
    III. 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. First, Second and Subsequent Medical Uses
    X. Other Forms of Purpose-limited Claims
    XI. Claim Amendment
    XII. Towards a Common Approach
    11. Inventive step
    I. Statutory Basis
    II. Date
    III. Determination of fact or law?
    IV. A technical or commercial question?
    V. The role of Common General Knowledge
    VI. The Approach of the EPO Boards
    VII. The Approaches of the National Courts
    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. Towards Common Ground
    12. Sufficiency
    I. Statutory Basis
    II. General Approaches of EPO and National Law
    III. Principle of general application
    IV. Forms of claim
    V. Inventive improvements / infringements
    VI. Enablement not meeting quality promised
    VII. Errors
    VIII. Biological Deposits
    IX. Plausibility in the Context of Insufficiency
    X. Lack of Clarity
    XI. Towards Common Ground
    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
    VIII. The Plausibility Threshold
    IX. Further Questions
    X. Towards Common Ground
    14. Supplementary Protection Certificates
    I. Statutory Basis
    II. Plant Protection Regulation
    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
    XI. Towards Common Ground
    15. 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. Public interest compulsion or Crown use
    IX. Patent Ownership, Dealings and Employee Inventors
    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
    VI. Common Ground
    17. Evidence
    I. General principles
    II. Burden of proof
    III. General obligations to produce evidence
    IV. Specific procedures for obtaining evidence
    V. Witness of fact evidence
    VI. Expert opinion evidence
    VII. Evidence as Applied to Construction
    VIII. Experiments
    IX. Letters rogatory (letters of request) and US 1782
    X. Border seizures
    XI. Confidentiality
    XII. Privilege
    18. The Impact of Brexit
    I. Background
    II. The impact of Brexit on 31 January 2020'Future Relationship'
    III. and the 'Future Relationship' after 31 December 2020 and Patents
    Appendices
    Appendix A: Extracts of EPC 2000
    Appendix B: Extracts of the Community Patent Convention 1989
    Appendix C: The SPC Regulation
    Appendix D: The Biotechnology Directive
    Appendix E: The Enforcement Directive
    Appendix F: The Unitary Patent Regulation
    Appendix G: Extracts of the Unified Patent Court Agreement
    Appendix H: Consolidated Version of the Paediatric Regulation
    Index

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