A Practical Guide to European Patent Law

Informationen zum Autor Trevor Cook is a Partner at WilmerHale. He focuses his practice on transnational intellectual property litigation matters and is also active in the area of life sciences. Mr. Cook has more than 35 years of experience in global patent litigation, particularly in Europe and Asia.Gwilym Roberts is an Attorney and Partner at Kilburn & Strode. He is a Visiting Professorial Fellow at Queen Mary, University of London (QMUL).Kay N. Kasper is an Attorney and Partner at Reimann Osterrieth Köhler Haft. He acts primarily in patent litigation. He is a lecturer on International Business & Tax Law on the Masters program at the Frankfurt School of Finance & Management, and a visiting lecturer at Hagen Law School.Eva Liesegang is an Attorney and Partner at Boehmert & Boehmert. She has extensive experience in drafting and prosecuting patent applications, and is an active member of the German Association for the Protection of Intellectual Property (GRUR). Klappentext A practical and authoritative guide to using the European patent system, offering insightful comparative analysis of two major patent jurisdictions, the UK and Germany and prospects for the new Unitary Patent Package, and focusing on both substantive law and procedure. Zusammenfassung This book offers a practical and comprehensive guide to using the European patent system. Focusing on both substantive law and procedure in the United Kingdom and Germany, it sets out an in-depth framework for both of these major jurisdictions in patent litigation. The first part of the book deals with obtaining European patents, and offers an overview of the patent system, discussion of patentability at the European Patent Office (EPO), absolute novelty and the priority system, filing a European patent application, procedural aspects of search and examination, grant and validation, and oppositions. The second part addresses enforcing and attacking European patents in national courts, including an overview of patent litigation in Europe and jurisdictional issues across the member states; this is followed by a thorough comparative survey of patent law in the two most influential jurisdictions, Germany and the UK. Finally, the book addresses the proposed Unitary Patent Court, including the balance between the central division and local or regional divisions. Combining detailed theoretical discussion with expert practical guidance, this is an essential reference source for those seeking to navigate the field of European patent law. Inhaltsverzeichnis Introduction; Part 1: Obtaining European Patents; 1 Gwilym Roberts: Overview of the Patent System; 2 Gwilym Roberts & Trevor Cook: Patentability at the EPO; 3 Gwilym Roberts: Absolute Novelty and the Priority System; 4 Gwilym Roberts: Filing the European Patent Application; 5 Gwilym Roberts: Search and Examination; 6 Gwilym Roberts: Grant and Validation; 7 Gwilym Roberts & Trevor Cook: Oppositions; Part 2: Enforcing and Attacking European Patents in National Courts; 8 Trevor Cook: Overview of patent litigation in Europe; 9 Trevor Cook: Jurisdictional issues; 10 Eva Liesegang: German substantive law of validity with particular focus on areas in which it differs from or supplements that of the EPO TBAs; 11 Eva Liesegang: German nullity practice; 12 Kay N. Kasper: German substantive law of infringement; 13 Kay N. Kasper: German infringement practice and remedies; 14 Trevor Cook & Gwilym Roberts: English substantive law of validity with particular focus on areas in which it differs from or supplements that of the EPO TBAs; 15 Trevor Cook: English substantive law of infringement; 16 Trevor Cook: English revocation and infringement practice and remedies; 17 Trevor Cook, Gwilym Roberts, Eva Liesegang, Kay N. Kasper: The proposed Unitary Patent Court...

Auteur
Trevor Cook is a Partner at WilmerHale. He focuses his practice on transnational intellectual property litigation matters and is also active in the area of life sciences. Mr. Cook has more than 35 years of experience in global patent litigation, particularly in Europe and Asia. Gwilym Roberts is an Attorney and Partner at Kilburn & Strode. He is a Visiting Professorial Fellow at Queen Mary, University of London (QMUL). Kay N. Kasper is an Attorney and Partner at Reimann Osterrieth Köhler Haft. He acts primarily in patent litigation. He is a lecturer on International Business & Tax Law on the Masters program at the Frankfurt School of Finance & Management, and a visiting lecturer at Hagen Law School. Eva Liesegang is an Attorney and Partner at Boehmert & Boehmert. She has extensive experience in drafting and prosecuting patent applications, and is an active member of the German Association for the Protection of Intellectual Property (GRUR).

Texte du rabat

A practical and authoritative guide to using the European patent system, offering insightful comparative analysis of two major patent jurisdictions, the UK and Germany and prospects for the new Unitary Patent Package, and focusing on both substantive law and procedure.

Résumé
This book offers a practical and comprehensive guide to using the European patent system. Focusing on both substantive law and procedure in the United Kingdom and Germany, it sets out an in-depth framework for both of these major jurisdictions in patent litigation. The first part of the book deals with obtaining European patents, and offers an overview of the patent system, discussion of patentability at the European Patent Office (EPO), absolute novelty and the priority system, filing a European patent application, procedural aspects of search and examination, grant and validation, and oppositions. The second part addresses enforcing and attacking European patents in national courts, including an overview of patent litigation in Europe and jurisdictional issues across the member states; this is followed by a thorough comparative survey of patent law in the two most influential jurisdictions, Germany and the UK. Finally, the book addresses the proposed Unitary Patent Court, including the balance between the central division and local or regional divisions. Combining detailed theoretical discussion with expert practical guidance, this is an essential reference source for those seeking to navigate the field of European patent law.

Contenu

Introduction; Part 1: Obtaining European Patents; 1 Gwilym Roberts: Overview of the Patent System; 2 Gwilym Roberts & Trevor Cook: Patentability at the EPO; 3 Gwilym Roberts: Absolute Novelty and the Priority System; 4 Gwilym Roberts: Filing the European Patent Application; 5 Gwilym Roberts: Search and Examination; 6 Gwilym Roberts: Grant and Validation; 7 Gwilym Roberts & Trevor Cook: Oppositions; Part 2: Enforcing and Attacking European Patents in National Courts; 8 Trevor Cook: Overview of patent litigation in Europe; 9 Trevor Cook: Jurisdictional issues; 10 Eva Liesegang: German substantive law of validity with particular focus on areas in which it differs from or supplements that of the EPO TBAs; 11 Eva Liesegang: German nullity practice; 12 Kay N. Kasper: German substantive law of infringement; 13 Kay N. Kasper: German infringement practice and remedies; 14 Trevor Cook & Gwilym Roberts: English substantive law of validity with particular focus on areas in which it differs from or supplements that of the EPO TBAs; 15 Trevor Cook: English substantive law of infringement; 16 Trevor Cook: English revocation and infringement practice and remedies; 17 Trevor Cook, Gwilym Roberts, Eva Liesegang, Kay N. Kasper: The proposed Unitary Patent Court