Paul England

A Practitioner's Guide to European Patent Law (eBook, ePUB)

For National Practice and the Unified Patent Court

• Format: ePub

Produktbeschreibung

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 Italy, 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.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 672
• Erscheinungstermin: 8. September 2022
• Englisch
• ISBN-13: 9781509947652
• Artikelnr.: 65483879

Autorenporträt

Paul England is a solicitor at Taylor Wessing, London, UK.

Inhaltsangabe

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 III. Key Issues for the
UPC 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 the '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 IX. Key
Issues for the UPC 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 XI.
Key Issues for the UPC 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. Other forms of Contributory Infringement XI. Key Issues for
the UPC 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 License Objection XI. Prior Use
(Article 37 CPC 1989) XII. Innocent Infringement as a Defence to Damages
XIII. Key Issues for the UPC 6. Declarations I. General Jurisdictional
Basis II. Declarations of Non-Infringement III. Declarations that a Patent
is Standard Essential IV. Declarations Concerning Validity V. Key Issues
for the UPC 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) VI. Key Issues for the UPC 8. Remedies I. Statutory Basis II.
Preliminary Injunctions III. Damages for Unjustified Injunctions IV.
Protective Letters V. Quia Timet Injunction VI. Final Injunctions 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 XIV. Key Issues for the UPC 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. Key Issues for the UPC 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 Act 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 XII. Key Issues for the UPC 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) XV. Key
Issues for the UPC 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 XI. Key Issues for the
UPC 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 X. Key Issues for the UPC 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 for ex-EU XI. Key Issues for the UPC and the
Need for Reform 15. Patent Ownership, Dealings and Employee Inventors I.
Introduction II. Ownership III. Approaches to Inventor Compensation IV.
Right of Co-owners V. Patent Dealings VI. Effect of Transfer of Ownership
on Licensee VII. Compulsory Licenses 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 VI. Key Issues for
the UPC 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 XII. Key Issues for the UPC