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Topic: Community Patent Convention


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In the News (Mon 21 Dec 09)

  
  COMMUNITY PATENTS
During the application phase, the language regime for the Community patent will be the same as the regime for the European Patent Convention, which means that (unless the EPO accepts further languages) the applicant can choose to present the application and correspond with the EPO in English, French or German.
There will be a centralised Community jurisdiction for validity, infringement and other disputes in the form of a three-panel Community Patent Court in Luxembourg with a right of appeal to the Court of First Instance of the EU (and ultimately to the European Court of Justice).
Proceedings before the Community Patent Court will be in the language of the defendant’s country of domicile (and where the defendant’s county of domicile has more than one official language like Belgium or Switzerland, the defendant chooses the language).
www.jenkins-ip.com /serv/community_patents.htm   (1032 words)

  
  Community Patent - Wikipedia, the free encyclopedia
The Community Patent, also known as the European Community Patent or EC patent, is a patent law measure being debated within the European Union, which would allow individuals and companies to obtain a unitary patent throughout the European Union.
The Community Patent should not be confused with European patents which are granted under the European Patent Convention.
The "Luxembourg Conference on the Community Patent" took place indeed in 1975 and the Convention for the European Patent for the common market, or (Luxembourg) Community Patent Convention (CPC), was signed at Luxembourg on December 15, 1975, by the 9 member states of the European Economic Community at that time.
en.wikipedia.org /wiki/Community_Patent   (1273 words)

  
 Patent - Wikipedia, the free encyclopedia
A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.
Patents are generally enforced solely through civil lawsuits (for example, for a US patent, by an action for patent infringement in a United States federal court).
Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights.
en.wikipedia.org /wiki/Patent   (2780 words)

  
 Patent   (Site not responding. Last check: 2007-10-16)
A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time (normally 20 years from the filing date).
Per the word's original definition, one theory of patent legislation is to induce the inventor to disclose knowledge for the advancement of society in exchange for a limited period of exclusivity.
Since a patent grants the right to exclude others from practicing the invention, it would seem to give the owner a monopoly in the economic sense; however, ownership of a patent does not confer the right to actually make, use, or sell the invention, as the invention may still infringe another prior patent.
www.freedownloadsoft.com /info/patent.html   (3201 words)

  
 Patents, Act, 13/12/1994   (Site not responding. Last check: 2007-10-16)
Where a person other than the applicant is entitled to the patent or has a joint right to the patent by virtue of an irrevocable judgment in legal proceedings as referred to in paragraph (1), the withdrawal shall be deemed not to have occurred.
Community patents in the Netherlands shall from that date be governed by the same legal provisions and have the same legal consequences as patents granted under Article  36 of this Act only insofar as that follows from the Community Patent Convention.
A European patent shall be deemed, entirely or partly, not to have had the legal consequences referred to in Articles  53, 72 and 73 from the outset insofar as the patent is entirely or partly revoked during opposition proceedings.
www.wipo.int /clea/docs_new/en/nl/nl020en.html   (8409 words)

  
 John Lambert - Community Patents
A Community patent is intended to be a European patent granted by the European Patent Office ("EPO") under the provisions of the European Patent Convention ("EPC") designating the EC as a whole rather than individual member states.
The original Convention was supplemented by a Protocol on the Settlement of Litigation concerning the Infringement and Validity of Community Patents, ("the Protocol on Litigation"), a Protocol on Privileges and Immunities of the Common Appeal Court and a Protocol on the Statute of the Common Appeal Court.
However, patent claims must be translated into each of the official Community languages, unless a member state waived that requirement in respect of its own language, and filed with the EPO at the applicant's expense.
www.ipit-update.com /pat27.htm   (876 words)

  
 SCADPlus: Community patent
The Community patent is unitary and autonomous, i.e.
The patent is invalidated retroactively, except in decisions on infringement which have acquired the authority of res judicata and been enforced prior to the invalidity decision; nor does the retroactive effect of the invalidity affect contracts concluded and performed prior to the invalidity decision.
A translation of the Community patent into all the Community languages is not necessary, although the proprietor of the patent has the option of producing and depositing translations of the patent in other official languages of the Member States.
europa.eu /scadplus/leg/en/lvb/l26056.htm   (2333 words)

  
 Patents Act 2004
In section 72(1) (power to revoke patents on application), "on the application of any person" is omitted and after the first mention of "invention" there is inserted "on the application of any person (including the proprietor of the patent)".
In section 91(1) (evidence relating to the conventions: judicial notice), for "or Community patents kept under it" there is substituted "patents kept under the European Patent Convention".
In sections 103 and 105 (legal privilege), in the definition of "the relevant conventions" in subsection (2), "the Community Patent Convention" is omitted.
www.opsi.gov.uk /acts/acts2004/40016--c.htm   (1004 words)

  
 Year 2000 - Community Patent Convention ( CPC ) update   (Site not responding. Last check: 2007-10-16)
The EU Council reached agreement on a Common Approach concerning the Community Patent at its spring meeting (20 and 21 March 2003).
A copy of the August 2000 Regulation for the Community Patent Convention may be obtained from this hidden URL.
The problem of the costly translations of patents into 11 languages required by the 15 states has been addressed by leaving CPC Patents in the official EPO language they were filed in (DE, FR or EN) and translating only the claims into the other two languages.
www.mayallj.freeserve.co.uk /cpc.htm   (378 words)

  
 Bibliography of patents, trade marks and designs
A multinational reference work for patent practitioners arranged in subject order so that the position in any topic can be easily obtained for a large number of countries.
Patents: a treatise on the laws of patentability, validity and infringement.
Describes how patents are published, arranged, indexed etc. with focus on six major patent authorities and with advice on searching techniques.
www.bl.uk /collections/patents/biblio.html   (1967 words)

  
 Background Information - FFII
If the 25 members states want to modify their Community Patent law, it would not be possible without the agreement of other signatories of the EPC and non-members of the Union, namely Monaco, Lichtenstein, Turkey, and Iceland.
The Community Patent as a Council Framework decision.
For firms that seek patents (and broadly, this means either very large firms, or very specialised patent firms), the current situation is a clear barrier to wider application of their patents.
consultation.ffii.org /Background_Information   (1388 words)

  
 Patents (Community Patents), Agreement, 15/12/1989, No. 89/695   (Site not responding. Last check: 2007-10-16)
In other respects, infringement of a Community patent shall be governed by the national law relating to infringement of a national patent, in accordance with and subject to the provisions of the Protocol on Litigation.
Where there is a complete change of proprietorship of the patent as a result of legal proceedings under Article 23, the statement shall be deemed withdrawn upon the entry of the name of the person entitled to the patent in the Register of Community Patents.
If a Community patent is limited under Article 53 (2) the European Patent Office shall, at the same time as it publishes the mention of the decision to limit, publish a new specification of the Community patent containing the description, the claims and any drawings, in the amended form.
www.wipo.int /clea/docs_new/en/eu/eu007en.html   (8467 words)

  
 Ladas & Parry - Litigation - Foreign Patent Litigation
As a result of this Convention, it may be possible to sue an infringer in his home country for infringements committed elsewhere, even though a provision in the Convention provides that each member country has exclusive jurisdiction over determination of the validity of its own patents.
Article 25 26 and 27 of the Convention provide for the recognition of judgments in one member state in all other states unless the judgment was awarded as a result default of appearance by the defendant because he was not given proper notice of the proceedings in which the judgment was awarded.
A single appeal court (Community Patent Appeal Court or COPAC for short) will be established having jurisdiction throughout the EU to which all appeals from national courts relating to matters of patent infringement or validity of community patents will be referred.
www.ladas.com /Litigation/ForeignPatentLitigation/Europe_Patent_Lit.html   (2798 words)

  
 EplaAnalysisEn - FFII
(2) The European Patent Court shall have the same power in respect of a party who caused or tolerated such infringement, on the basis of his relationship with the party infringing the European patent, while it was in his power to stop it.
First, you have to pay patent owner A for all the products he could have sold, then patent owner B for all the products he could have sold, then C and D, etc. There is no relation with the worth of the inventions itself, which are most often trivial, at best often only sequential additions.
(b) any European patent application pending at the time of its entry into force, or filed on or after that date, unless proceedings on such European patent or patent application were initiated before a national court or other competent authority of a Contracting State prior to that date.
kwiki.ffii.org /EplaAnalysisEn   (5056 words)

  
 The Community Patent - necessity or white elephant? - Thomson Scientific
This would be a patent valid throughout the EU obtained through a single application and, in theory, would strengthen and unify measures to protect intellectual property rights for European industry, improve the management of patent rights and encourage competition and innovation.
Sixty one percent of companies felt that the current European patent system put European businesses at a disadvantage compared with US and Japanese companies - nearly 75% of these were from the Biotech and pharmaceutical sectors (figure 3) - but only 33% thought that the Community Patent would make the European system more competitive.
Until the EC provide precise details on how the Community Patent will work, it is hard to say whether it will prove to be a huge success or a white elephant.
scientific.thomson.com /free/ipmatters/euroiss/8199832   (859 words)

  
 SUEPO EPO
It was in 1962 that the working group on patents headed by Dr. Kurt Haertel presented a draft convention for a patent for the common market of the EEC.
Through this Convention it was intended to solve the problem of multiplication of work by replacing the national application procedures in several national patent offices by a single European patent application procedure.
The Community Patent Convention was signed in 1975, and has been amended at several occasions, but it has never been adopted, and it is unlikely that industry would ever want to use it in its current form.
members.eunet.at /suepo/sueepo.htm   (1620 words)

  
 The UK Patent Office - About us and policies - IPPD - Proposals   (Site not responding. Last check: 2007-10-16)
A specialised Community tribunal for intellectual property acting at first and second instance will have exclusive competence to deal with actions for revocation, invalidity and infringement as well as declarations of non-infringement, actions relating to use or prior user rights and requests for limitation.
The effect of a CP, entitlement, grounds for revocation, and other substantive patent matters are essentially as set out in the Community Patent Convention as amended by the Agreement relating to Community patents (ACP).
Cumulative protection by national and Community patents is only possible until the opposition period has expired without opposition or with the Community patent being maintained, or until the national patent is granted if that date is later.
www.patent.gov.uk /about/ippd/notices/proposal.htm   (804 words)

  
 Patents Act 2004   (Site not responding. Last check: 2007-10-16)
In section 103(2), in the definition of "the relevant conventions", the words "the Community Patent Convention".
In section 105(2), in the definition of "the relevant conventions", the words "the Community Patent Convention".
(b) in the definition of "relevant convention court", the words "the Community Patent Convention".
www.opsi.gov.uk /ACTS/acts2004/40016--d.htm   (140 words)

  
 ISO 3166-1 alpha-2
WIPO standard ST.3 (for encoding country which issued a patent or trademark).
However, ISO 3166 MA has stated it cannot guarantee to reserve the code EA from use, since it is already used for customs purposes to represent Ceuta and Melilla.
ISO 3166 MA proposed in 1995 that EV be used by WIPO for the purpose of representing the Eurasian Patent Organization; however, this request was not honoured by WIPO.
www.brainyencyclopedia.com /encyclopedia/i/is/iso_3166_1_alpha_2.html   (1099 words)

  
 Category:European patent law - Wikipedia, the free encyclopedia
The main article for this category is European patent law.
Convention on the Unification of Certain Points of Substantive Law on Patents for Invention
Institute of Professional Representatives before the European Patent Office
en.wikipedia.org /wiki/Category:European_patent_law   (92 words)

  
 EurActiv.com - EU in for new patent fight | EU - European Information on Innovation & Growth
The main concern was that the costs of scrutinising patents and of translating them into all or a number of EU languages were going to be too high.
Computer patents have been one of the most contested issues in the EU in the last few years.
The central issue of the costs incurred in obtaining a community patent, accounted for mainly by translation costs, is not directly addressed by the consultation.
www.euractiv.com /en/innovation/eu-new-patent-fight/article-151611   (924 words)

  
 ☞ patent - European Patent   (Site not responding. Last check: 2007-10-16)
The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and...
The European Patent Office (EPO) opened its doors in 1978 for the purpose of filing European Patent Applications effective in its member...
European Patent is easier and cheaper alternative to obtaining national patents in the countries...
www.all-patent.info /europeanpatent   (804 words)

  
 EurActiv.com - Community Patent | EU - European Information on Innovation & Growth
The European Patent is different from the Community Patent in that it is not an EU-wide patent, but rather a bundle of national patents that must be translated into contracting states’ official languages in order to be legally valid in their territory.
Based on this, the Commission presented a proposal, in December 2003, to confer formal jurisdiction over Community Patents disputes to the Court of Justice (CoJ) and to establish a Community Patent Court to exercise the CoJ's jurisdiction on its behalf.
It believes that “a Community patent could add value, but the common political approach adopted in 2003 is clearly not a satisfactory compromise that could lead to a workable system” and that “the EPLA and the London Agreement represent the best chance of making progress toward the goal of an improved patent system.” 
www.euractiv.com /en/innovation/community-patent/article-117529   (1800 words)

  
 Mayall's Patent Office & Law Links   (Site not responding. Last check: 2007-10-16)
The UK Patent and Designs Journal is now available over the Internet.
Guide for applicants Excellent plain English guide for trainees and people applying for their own patent.
The Paris Convention (full text) Basis for your priority claims.
www.mayallj.freeserve.co.uk /patent.htm   (666 words)

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