England, Paul

A practitioner's guide to European patent law : for national practice and the Unified Patent Court - 1st ed. - New Delhi Hart 2019 - lxxviii, 472 p. 25 cm.

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 addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than in nation-by-nation chapters; and provides an outline in each chapter of the common ground between the national approaches, as a guide for the possible application of European patent law in the UPC.

9781509928606


Scope of Protection of Patent Claims
General Principles of National Law on the Doctrine of Equivalents
The Role of the Prosecution File
Issues Relating to Article 25(a) CPC 1989
Products Made by an Infringing Process (Article 24(c) CPC 1989)
Second Medical Use Claim Infringement
Infringement of DNA Sequences
Indirect Infringement
FRAND Licence Objection
Patentability and Industrial Application
Methods of Treatment and Diagnostics – Article 53(c) EPC
General Principles of EPO and National Case Law
Interpreting Patent Claims and the Prior Art for Novelty Purposes
Novelty Over General Disclosures in the Art
General Approaches of EPO and National Law
Medicinal Products for Paediatric Use
Patent Ownership, Dealings and Employee Inventors
Rights of Co-owners
Compulsory Licences and Licences of Right
Patent Ownership, Dealings and Employee Inventors in the UPC
The Brussels Regulation
Cross-border Validity Actions
Cross-border Infringement Actions
Cross-border Declarations of Non-infringement
The Impact of Brexit
Brexit and Supplementary Protection Certificates
Patent laws and legislation -- Europe.
European Patent Convention -- (2000 November 29)
Unified Patent Court.
Patent laws and legislation -- Great Britain.
International and municipal law -- Great Britain.
International and municipal law.
Patent laws and legislation.
Great Britain.
Europe.

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