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Topic: European patent law


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In the News (Tue 22 Dec 09)

  
  European Patent Organisation - Wikipedia, the free encyclopedia
The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is the main organ of the organisation) is a public international organisation set up by the European Patent Convention.
The European Patent Organisation is not legally bound to the European Union.
The European Patent Organisation has two organs: the European Patent Office, which can be viewed as its executive body, and the Administrative Council, which can be considered as its legislative body to a limited extent, the actual legislative body for important matters being the Contracting States, when they meet during an intergovernmental Diplomatic Conference.
en.wikipedia.org /wiki/European_Patent_Organisation   (995 words)

  
 European patent law - Wikipedia, the free encyclopedia
European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations.
In Europe, a patent can currently either be obtained nationally, or through the European Patent Office (EPO), in which case the granted patent is a European patent.
The European patent law is also shaped by international legislations such as the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement) and the Patent Law Treaty (PLT).
en.wikipedia.org /wiki/European_patent_law   (273 words)

  
 Official informations - Introduction of a Grace Period in the European Patent Law
The Administrative Council and the European Patent Office share the view that these two studies should be brought to the attention of the interested public in order to stimulate the ongoing debate on this controversial issue and to provide a basis for a broad public consultation at European and national level.
Professor Straus argues that the introduction of a general grace period into European patent law is desirable since some form of grace period is currently provided for in the patent laws of thirty eight countries worldwide including three countries, Estonia, Romania and Slovenia which may join the EPO in 2002.
Patent applications are not published until eighteen months from the priority date and even then it is not clear until the grant procedure has finished what exactly the nature of the exclusive rights claimed will be.
www.european-patent-office.org /news/pressrel/2000_07_25_e.htm   (1228 words)

  
 Law
European Patent Law is defined by the European Patent Convention (EPC, also called Munich Convention, 20 member states) of 1973.
It does not define the concept of invention, but from the tradition of patent law it is understood that this refers to the concept of technical invention, which has been described as teaching of how to use controllable physical forces to immediately achieve a causally overseeable success (definition of the German Federal Court BGH).
According to Law schools and Law textbooks, the EPO has circumvented and even abused the Law and the Munich Convention should be understood as prohibiting patents on software.
petition.eurolinux.org /reference/law.html   (690 words)

  
 A European patent & trademark boutique and European law firm. - IP Services
Established by the Convention on the Grant of European Patents (EPC) signed in Munich 1973, the European Patent Office (EPO) is the outcome of the European countries' cooperation and determination to establish a uniform patent system in Europe.
Patents operate mainly on a national basis, with a Patent in a particular country giving the Patent owner the right to prevent others from using the invention in that country and to prevent other from making or selling in, or importing into, that country articles incorporating the invention.
Once the Examiner is satisfied that the invention is patentable, the Patent is granted and lasts for a term of twenty years from the date of the Complete Application, subject to payment of annual renewal fees.
www.epatoffice.com /wst_page4.html   (1750 words)

  
 Ladas & Parry EPO Practice Guide - Introduction
Furthermore, five countries of Central Europe have implemented agreements to become affiliated with the European Patent Office so that it is possible to obtain patent protection for Albania, Latvia, Lithuania, the Former Yugoslav Republic of Macedonia, Romania and Slovenia through an extension of a patent obtained through the EPO [4].
It should, however, be noted that the Convention leaves to the courts of the member states the questions of whether a particular applicant is entitled to a patent vis a vis other claimants from whom the first applicant may have obtained the invention [5] and of the enforcement of rights arising from a European Patent.
In addition to filings of patent applications with the European Patent Office, national filings still continue and it is still possible to secure a patent in a single member state or in several member states by filing with the national Patent Offices.
www.ladas.com /Patents/PatentPractice/EPOPractice/EPOPractGuide-1.html   (1790 words)

  
 SOFTWARE PATENT LAW: UNITED STATES AND EUROPE COMPARED
Patents are increasingly the protection of choice; as a consequence, international software patent laws are of growing importance to software vendors.
The patent is barred entirely in the U.S. twelve months after the foreign patent application has been submitted and the patent has been granted.
In Europe, national laws apply: A European patent is more like a bundle of patents, one for each country, rather than a single overarching patent.
www.law.duke.edu /journals/dltr/articles/2003dltr0006.html   (3922 words)

  
 Inside Careers - Patent Attorneys graduate career advice - A year of UK and European patent law   (Site not responding. Last check: 2007-10-19)
The past year has seen a host of decisions and legislative developments in patent law of a number and significance too great to be covered in detail here.
Hoechst considered for the first time the issue of construction and infringement under the Patents Act 1977, the governing statute for UK patent law which gave effect in the UK to the European Patent Convention (the EPC).
According to the 1977 Act, the scope of protection of a patent is determined by the scope of the claims and those claims are to be interpreted by the description and any drawings contained in the patent's specification.
www.insidecareers.co.uk /inca/incapat.nsf/idlive/GDUN-68JKLB!opendocument   (265 words)

  
 EPO - Legislative Initiatives in European Patent Law
Within the framework of the European Patent Organisation, the first comprehensive revision of the EPC was achieved at a Diplomatic Conference which took place in November 2000.
A proposal for a further revision of the EPC with the aim of ensuring the organisational autonomy of the Boards of Appeal of the European Patent Office (EPO) has been discussed in the Administrative Council of the European Patent Organisation.
Within the framework of the European Union, the Community patent was re-launched in August 2000 when the Commission published a proposal for a Regulation on the Community patent.
patlaw-reform.european-patent-office.org   (311 words)

  
 EPO - Legislative Initiatives in European Patent Law
It is the fruit of the work on reducing European patent costs, which was set in motion at the Intergovernmental Conference held in France in June 1999.
The Parties to the Agreement undertake to waive, entirely or largely, the requirement for translations of European patents to be filed in their national language.
This means in practice that European patent proprietors will no longer have to file a translation of the specification for patents granted for an EPC Contracting State Party to the London Agreement and having one of the three EPO languages as an official language.
patlaw-reform.european-patent-office.org /london_agreement   (242 words)

  
 European Software Patent Law Rejected No Patent Please
The vote against the law was overwhelming, with 648 to 14 voting against it in the European Parliament.
Patents give holders exclusive rights to certain technology for a set number of years, unlike copyright laws which are typically indefinite.
Patents are a big money earner for companies as license fees are charged for use of software under patent with restrictions often added as to who can use it.
www.boostmarketing.com /European-Software-Patent-Law-Rejected_s1100.html   (206 words)

  
 European patent Law news:
Under current case law, if an impermissible, narrowing amendment is made to a patent application, then the patent is granted and the narrowing amendment is opposed, the patentee can be put in an impossible position.
He cannot leave the narrowing amendment in the patent because it is impermissible, on the other hand he cannot remove the amendment because this would 'broaden' the scope of the patent which is also not allowed.
FP is available to reinstate patents as of right in many cases on completion of an omitted act and payment of a fee.
www.mayallj.freeserve.co.uk /european.htm   (2077 words)

  
 A European patent & trademark boutique and European law firm. - NewsLetters
The patented invention concerns a genetically modified rodent that, under certain conditions, develops tumours and is therefore claimed to be particularly suitable for use in cancer research.
The legal basis for the proceedings is the provisions of the European Patent Convention (EPC).
Elected in December 2003 by the Administrative Council of the European Patent Organisation, the supervisory body of the Organisation, Alain Pompidou becomes the fourth President of the EPO since it was set up in 1977.
www.epatoffice.com /wst_page8.html   (3914 words)

  
 Interlex Group News
It is a longstanding principle of European patent law that patents shall not be granted for immoral inventions.
This is stated in the European Patent Convention (EPC) article 53, and in the EU Directive on protection of biotechnological inventions (DPB) in article 6.
The Relaxin case (1995) concerned an opposition to a patent for the DNA sequences of a naturally occurring substance that relaxes the uterus during childbirth; the substance is obtained from the human ovary.
www.interlexgroup.com /newsDOC1.html   (984 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)

  
 Patentanwalt Axel H. Horns' Blog on Intellectual Property Law - Patent, Trade Mark & Design
Trying civil patent actions in the UK has always been restricted to a handful of specialised and highly skilled judges and, even then, there is disagreement on patent infringement issues.
According to the Document, on April 18, 2006, 40 delegates from various contracting states of the European Patent Organisation and 15 representatives from the EPO met at Hohenkammer, outside Munich, to examine the work currently being undertaken on the EPO Scenarios project.
Patent and utility model disputes are too complex an issue in general, and it is very difficult to assess if there is indeed infringement or not.
www.ipjur.com /03.php3   (6737 words)

  
 Euromedia: European software patent law to mimick u.s.?
That can be a murky way to define a patent, both critics and supporters of the status quo would agree, and they are locked in a tempestuous tug of war to pass a new law in their favor.
A European Parliament bill that would have made all software subject to patenting is the focal point of the outrage among technology activists.
This is the second time that one of the largest US companies is obliged to acknowledge the power of the European Union antitrust: the former case was when the acquisition of Honeywell by General Electric, after being cleared by the antitrust authorities in Washington, was forbidden in Brussels.
journalism.berkeley.edu /projects/euromedia/archives/001893.html   (435 words)

  
 PKT message, Americanisation of European patent law
But the lawyers pressing for patent expansion in Europe seem reluctant to listen, and Europe's parliament is racing to mimic the US without pausing to think.
Patents are both an input and an output in the production process.
So you might think that before Europe paints its patent law with the Stars and Stripes, someone would have studied the question whether there is any good economic reason to believe that software patents will induce more innovation.
archives.econ.utah.edu /archives/pkt/2000m08/msg00020.htm   (885 words)

  
 european patent law, Plougmann & Vingtoft AS.
European intellectual property and law firm focusing on patent law and trademark registration such as information on and application for patents.
The merger in July 2001 with the Swedish Intellectual Property and law firm Ström & Gulliksson AB emphasizes our desire to actively promote the cross-border cooperation in the Nordic countries, including the Oresund Region, and particularly to cover the increasing demand for strategic counselling and capabilities to enforce rights within the fields of Intellectual Property.
The competence of obtaining a broad, valid patent or trademark protection for our clients is embedded in our four Centres of Excellence within the fields of Life Science & Chemistry, Technology & Software, Brands & Identity and Legal Counselling.
www.pv.dk /np_pv_intl/np_pv_intlnps/european_patent_law.html   (323 words)

  
 Wired News: European Patent Law Rejected
The so-called software patent directive, rejected by a 648-14 vote with 18 abstentions, would have given companies EU-wide patent protection for computerized inventions ranging from programs for complex CAT scanners to ABS car-brake systems.
"You don't patent a mathematical formula, for software is merely a connection of a mathematical formula," said Michel Rocard, the former French prime minister who was in charge of steering the parliament debate.
Rocard, a deputy for the Socialist group, said patents worth tens of billions of dollars (euros) were potentially at stake and, in terms of impact on businesses, the bill was the most important piece of legislation the assembly has ever dealt with.
www.wirednews.com /news/business/1,68099-0.html   (660 words)

  
 Green light for controversial European patent law - Law & Policy - Breaking Business and Technology News at ...
A proposed European Union law strengthening law-enforcement capabilities against intellectual-property violations has passed a crucial stage in its progress toward final approval, having been adopted by the European Parliament's judicial affairs committee (JURI).
The delays are the result of the intense controversy surrounding the directive, one of several major proposed changes to the way intellectual property is handled in the EU.
The European Parliament approved a directive on software patents only after making significant changes, the result of widespread protests by computer scientists, economists, tech companies and software developers.
management.silicon.com /government/0,39024677,39117120,00.htm   (560 words)

  
 european patent office -- european patent office   (Site not responding. Last check: 2007-10-19)
The patent application may be filed at the European Patent Office in Munich, or at the Department in The Hague or at a branch agency of the Department.
european patent office copyright clearance european patent office copyright clearance the station had a visit from a long without restraint, forsooth, with his novel savagery, next, until the entire...
Definition of European Patent Office The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is the main organ of the organisation) is an...
www.aspatent.com /europeanpatentoffice   (3762 words)

  
 EPO - Legislative Initiatives in European Patent Law
Case law of the EPO boards of appeal
Legislative initiatives in European patent law: EPC 2000 [PDF]
Law and practice at the European Patent Office
cii.european-patent-office.org /contact   (50 words)

  
 Wired News: European Patent Law Rejected
The European Parliament on Wednesday rejected a proposed law to create a single way of patenting software across the European Union, a blow to big companies who had pushed hard for its adoption.
Many members of the European Parliament feared the bill would limit the development of new software in Europe, especially by small businesses.
The European Commission has made the patent law an essential part of its economic reform.
www.wired.com /news/business/0,1367,68099,00.html   (768 words)

  
 Is There No Stopping European Software Patent Law?
After the parliament requested that the current software patent proposal be scrapped and that the process for a software patent law restart in the parliament, the unelected European Commission completely rejected the parliament's request and moved ahead with pushing through the old software patent law.
I also wouldn't be surprised if the European Commission then laughed at the parliament, mooned it, and said that the parliament's father was a hamster and its mother smelled of elderberries.
But on the negative side are the considerable limitations that European law places on the parliament's ability to alter proposed laws at this point in the process.
www.eweek.com /article2/0,1895,1773852,00.asp   (747 words)

  
 Wired News: European Patent Law Draws Fire   (Site not responding. Last check: 2007-10-19)
Critics charge that a proposed patent law slated for vote in the European Parliament this month threatens software innovation in Europe as well as the region's burgeoning open-source movement.
"Computer-implemented inventions are increasingly important, yet many of the 20,000 patents for software-related patents already granted in Europe are in non-European hands," McCarthy wrote in a report to the Parliament in June.
But critics say the opposite is true -- that software patents stifle the very innovations they seek to encourage, as large companies gobble up patents, then charge exorbitant licensing fees to kill their competition.
www.wired.com /news/technology/0,1282,60245,00.html   (729 words)

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