Patent law of the European Union

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	The European IP Law Page
		European Union Internet Resources is maintained by the Library of the University of California at Berkeley, and offers numerous links to European Union Servers and provides important European Union documents.
		an overview of Developments in the Patenting of Biotechnological Inventions at the European Patent Office during 1995.
		Christian Gugerell of the European Patent Office offers
	www2.ari.net /foley/page4.html

	European Union - Design Regulation
		The Regulation provides for unitary design right protection throughout the European Union, although not precluding national rights, and has several similarities to the Community Trade Mark Regulation, including use of the same office in Alicante, Spain but also draws on provisions that were included in the yet-to-be-implemented Community Patent Convention.
		Thus, the adoption of a European Union-wide single registration system has been delayed for at least a few years and the harmonization Directive was adopted essentially leaving the issue of the use of component parts for the repair of a complex product to national law until at least 2004 (see our March 1999 Newsletter).
		In 1993, the Commission of the European Union issued proposals for harmonization of design laws within the various countries of the EU and the creation of an EU designs registry for granting design registrations that would be effective throughout the EU with a design registration office located with the Trademark Office in Alicante, Spain.
	www.ladas.com /BULLETINS/2002/0802Bulletin/EU_DesignRegulation.html

	European Patent Litigation Agreement - Wikipedia, the free encyclopedia
		European Patent Organisation to propose an optional agreement on the creation of such a central judicial system.
		Currently, once granted, a European patent is enforceable in a country-by-country basis ("Any infringement of a European patent shall be dealt with by national law." Art.
		European Union have the competence to institute such a system or whether the competence is exclusively in the hands of the European Union (see
	en.wikipedia.org /wiki/European_Patent_Litigation_Agreement

	European Patent Convention - Wikipedia, the free encyclopedia
		A single patent application may be filed at the European Patent Office at Munich, at its branches at The Hague or Berlin or at a national patent office of a Contracting State, if the national law of the State so permits.
		The EPC is separate from the European Union, and its membership is different: Switzerland, Liechtenstein, Turkey, Monaco, Bulgaria, Romania and Iceland are members of the EPO but are not members of the EU, while the opposite is true for Malta.
		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 providing an autonomous legal system according to which European patents are granted.
	en.wikipedia.org /wiki/European_patent

	European Patent Convention - Wikipedia, the free encyclopedia
		The EPC is separate from the European Union, and its membership is different: Switzerland, Liechtenstein, Turkey, Monaco, Bulgaria, Romania and Iceland are members of the EPO but are not members of the EU, while the opposite is true for Malta.
		A single patent application may be filed at the European Patent Office at Munich, at its branches at The Hague or Berlin or at a national patent office of a Contracting State, if the national law of the State so permits.
		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 providing an autonomous legal system according to which European patents are granted.
	en.wikipedia.org /wiki/European_Patent_Convention (1683 words)

	EPO - Legislative Initiatives in European Patent Law
		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.
		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 Patent Organisation, the first comprehensive revision of the EPC was achieved at a Diplomatic Conference which took place in November 2000.
	patlaw-reform.european-patent-office.org (1683 words)

	EPO - Legislative Initiatives in European Patent Law
		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.
		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.
	patlaw-reform.european-patent-office.org (1683 words)

	Wired News: European Patent Law Draws Fire
		The measure seeks to harmonize patent legislation among the European Union's member states on "computer-implemented inventions" -- anything designed using computers as tools, from mobile phones to software programs.
		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.
		For example, one application filed with the European Patent Office would give the patent holder the exclusive right to sell legal services online.
	www.wired.com /news/technology/0,1282,60245,00.html (730 words)

	The UK Patent Office - About us and policies - Notices - United Kingdom to lead Working Group on IP and Development
		The United States Patent and Trade Mark Office recently invited representatives from the European Commission, the European Patent Office, and a number of national patent offices to discuss how to make progress on patent law harmonisation and issues surrounding intellectual property and developing countries.
		The Participants agree that the following parties will be invited to participate in the future meetings: all Members of WIPO Group B, Member States of the European Union, the European Commission, Member States of the European Patent Organisation, and the European Patent Office.
		substantive patent law harmonisation issues, notably the Trilateral "first package", as developed by the United States Patent and Trademark Office, the European Patent Office and the Japan Patent Office and set forth in WIPO Document WO/GA/31/10; and
	www.patent.gov.uk /about/notices/2005/group.htm (389 words)

	Frits Bolkestein and Software Patents
		Now if we fail in our efforts to achieve a harmonisation of patent law relating to computer-implemented inventions in the European Union, we may well be confronted with a renegotiation of the European Patent Convention.
		In February 2002, after a year of silence and almost no dialogue within the European Commission, Bolkestein's directorate published a draft directive "on the patentability of computer-implemented inventions", drafted in close collaboration with EPO and BSA, which was grudgingly accepted by other directorates due to pressure from Bolkestein and the UK Patent Office.
		Unlike many fields, patents are unusual in that as a result of the existence of the European Patent Convention, and the creation of the European Patent Office, there already exists a supranational patent system, which covers the whole of the European Union, and indeed beyond, and which can act independently of the Community's legislative process.
	swpat.ffii.org /players/bolkestein/index.en.html (2634 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 "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.
		The Community Patent should not be confused with European patents which are granted under the European Patent Convention.
	en.wikipedia.org /wiki/Community_Patent (2634 words)

	Europe-wide patent - Wikipedia, the free encyclopedia
		European patents, granted by the European Patent Office under to the European Patent Convention, the enforcement of which is dealt with before national courts.
		the Community Patent, a European Union project to create a unitary patent in all EU member states; or to
		For more information about European patent law in general, see European patent law.
	en.wikipedia.org /wiki/Europe-wide_patent (2634 words)

	Open source lobby struggles in EU patent debate InfoWorld News 2003-05-08 By Paul Meller
		The proposal for a law was drafted by the European Commission, the executive body of the Union, early last year.
		McCarthy, along with many MEPs from a wide range of political parties, believes a Europe-wide law on software patenting is required in order to harmonize law across the 15 member states of the Union.
		Creighton, Dewar and free software guru Richard Stallman, who also took part in the conference, all argue that the European lawmakers who aim to create a law that is more restrictive than the regime in the U.S. are misguided.
	www.infoworld.com /infoworld/article/03/05/08/HNeupatents_1.html?s=cto (1958 words)

	Community Patent
		The Community Patent is a patent law measure being debated within the European Union which would allow individuals and companies obtain a unitary patent throughout all European countries.
		The Community Patent should not be with European patents which are granted under the European Patent Convention.
		The Community Patent is intended to solve of these problems and also to provide patent right that is consistent across Europe fulfilling one of the key principles of Internal Market in that the same market should exist wherever in Europe trade is out - different patent rights in different presents a distortion of this principle.
	www.freeglossary.com /Community_Patent (819 words)

	The Invent Blog The Patent Blog of Stephen M. Nipper: APLF: European Community Patent and Software Patentability Update
		On May 14, 2004 from the European Union issued press release entitled "Preparation of Competitiveness Council, Brussels, 17-18 May 2004" with the following updates on the Community Patent and Software Patentability Directives....
		I am a partner with the Boise, Idaho patent law firm of Dykas, Shaver and Nipper, LLP, 802 W. Bannock St., Boise, ID 83702.
		Formerly "Necessity's Progeny -- Nipper's Patent Law Blog," The Invent Blog is the law blog (blawg) of registered patent attorney Stephen M. Nipper, covering news and information relevant to independent inventors, small businesses, interesting inventions, patents, trademarks, copyrights, and intellectual property law in general.
	nip.blogs.com /patent/2004/05/aplf_european_c.html (254 words)

	EUbusiness PressZONE - EUbusiness
		10/03/2004 The American Chamber of Commerce to the European Union urges the Commission to withdraw the current proposal for a Community Patent.
		03/05/2004 The entry of 10 new countries into the European Union is the result of many years of work.
		16/03/2004 In an urgent response to the publication of the revised Eighth EU Directive on Auditing, the representative organisation of the European accountancy profession, FEE has very much welcomed the initiative to modernise the law on auditing, but voiced immediate concern over some weaknesses in relation to oversight, audit standards, independence and liability.
	www.eubusiness.com /press/index_html?b_start:int=100 (648 words)

	20050125-4553.html
		The directive in question would mean the adoption in the European Union of a software patent system similar to the one extant in the US, and has been a contentious issue since it was first raised.
		The purpose of this directive is to harmonize European law, and make it generally easier to obtain software patents.
		It is not, however, to introduce patents where there previously were none, nor is it to necessarily harmonize with US law on the matter (for instance, the Directive will not allow for the patenting of business methods).
	arstechnica.com /news.ars/post/20050125-4553.html (648 words)

	Update 6: EU-Wide Software Patent Law Rejected - Forbes.com
		The European Parliament overwhelmingly rejected a proposed law Wednesday to create a single way of patenting software across the European Union, calling instead for comprehensive rules for granting patents to inventions in all fields.
		as before, which means different interpretations as to what is patentable, without any judiciary control by the European Court of Justice," said EU External Relations Commissioner Benita Ferrero-Waldner, representing the EU head office at the vote.
		In addition to the software patent law, these include a plan to spend more on research and development and another to remove barriers on services providers - from architects to plumbers - working outside their home country.
	www.forbes.com /associatedpress/feeds/ap/2005/07/06/ap2126885.html (935 words)

	CANADIAN LAW & GOVERNMENT
		Includes access to the Canadian Patent Database (a searchable archive of patents dating from 1989), the text of intellectual property legislation (such as the Patent Act and Rules, and the Trade-marks Act and Regulations), and guides to copyright, patents, trade-marks and industrial designs.
		Canadian Mission to the European Union in Brussels
		Canadian High Commission in Port of Spain, Trinidad and Tobago
	www.lawresearch.com /v2/global/zcag.htm (935 words)

	ANTITRUST LAW: LawResearch
		Competition is the only business journal in the European Union (EU), and certainly in its home country Ireland, specialising both in Anti-trust Law (cartels, price fixing, abuse of dominant position, merger control, etc) and also in the Regulation of Utilities - including regulatory trends and the regulation of the telecoms and electricity industries in particular.
		Harvard Journal of Law & Technology: Patent Misuse and Antitrust Reform: "Blessed be the Tie?"
		This document contains one section of the U.S. Patent Act (found in Title 35 of the United States Code).
	www.lawresearch.com /v10/PRACTICE/CTanti.htm (935 words)

	Karanbir Singh - Thinkability
		STRASBOURG, France - 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.
		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.
		Currently, patent disputes are handled by individual member states.
	karan.org /blog/index.php/.../europe_parliament_nixes_software_patent (935 words)

	Xak.com: Europe Delays Vote to Unify Patent Rules
		The European Commission, the union's day-to-day executive arm, initially proposed the directive in a form similar to the text agreed to by governments in May, but the European Parliament changed it drastically a year ago during the first of two votes.
		European Union governments have delayed voting on a proposed law that would define which technological innovations can be patented, after Poland said it was considering withdrawing its support.
		The group of trade associations, known here as Eicta, is sticking firmly to the text agreed to by the national governments, while the foundation broadly supports the European Parliament's version.
	www.xak.com /main/newsshow.asp?id=39009 (616 words)

	Intellectual Property Law - Patent, Copyright, Trade secret, Design patent, Patent validity, IP rights, and Law
		European Union copyright law (synthesis of law, statutes,...)
		Moral right gives the author of the copyrighted work to maintain the integrity of the work (not to distort, mutilate or modify, or use in association with a product, service, cause, or institution that is prejudicial to the honour or reputation of the author).
		Economic right gives the copyright owner the sole right to produce, reproduce, perform, publish, translate, convert, adapt or exhibit the work or any substantial part thereof in any material form whatever or to bring it to public.
	lawhelponline.com /Copyright/Canada (661 words)

	Foreign & International Law in English--Albert E. Jenner, Jr. Memorial Law Library
		Law of the Sea · Nationality and Citizenship Law · Patent Law · Tax Law
		Constitutions · Copyright · Criminal Law · Election Law · Environmental Law · European Union ·
		The Government Offices of Sweden provide English translations of legislation in twelve categories:agriculture, fisheries and food; business and finance; communications and IT; defense; education; environment; family law; labour legislation; legal and judicial (which includes the Criminal Code, criminal laws, arbitration, administrative procedure, and the Code of Judicial Procecdure); public administration; and social issues.
	library.law.uiuc.edu /sub/for_ljw2.htm (2702 words)

	Research The World
		In it regulators, jurists and practioners analyze international developments in copyright, patent and trademark law with regard to European Union, Asia, United States, World Intellectual Property Organization ("WIPO"), WTO, and the Global Information Infrastructure.
		Law of, relating to and concerning the Internet (Phillips Nizer Benjamin Krim and Ballon, LLP, compiled by Martin H. Samson, New York, NY)
		Cornel University Law School library is particularly good as a portal for U.S. and International law, but there are several other first class sites.
	www.researchtheworld.com (2702 words)

	Guardian Unlimited The Guardian O2 first to peg 3G pricing structure
		But the Alcatel patent could mean European handset makers will have to pay a fee every time they manufacture a dual-mode handset.
		Norwich Union accused of flouting law over job cuts
		After an eight-year fight with Bosch, it has secured a Europe-wide patent which allows mobiles to access more than one kind of network.
	www.guardian.co.uk /business/story/0,3604,739894,00.html (2702 words)

	ElectricNews.net:News:Software patents directive delayed, again
		The debate on European patent law has been rekindled, but the pendulum may be swinging against those groups who favour Union-wide adoption of software patents.
		The Greens/EFA Group of the European Parliament has announced that the EU's Competitiveness Council, which was to work on the Directive on the Patentability of Computer Implemented Inventions at its meeting on Friday, has dropped the directive from its agenda.
		The proposed directive was originally drafted to ensure that software patents would be allowed in Europe.
	www.electricnews.net /frontpage/news-9554841.html (2702 words)

	EU Rejects Software Patents Directive - World News News - Designtechnica
		The European Parliament has overwhelmingly rejected a proposal to create a single method of patenting software within the European Union.
		The European Parliament has rejected a proposed law for regulating software patents across the EU, leaving other patent regulation to member states.
		The bill would not have permitted so-called "pure software" to be patented, but would have covered computerized inventions such as cell phones, medical scanners, and other systems to be patented if the software made a innovative "technical contribution" to the state of the art.
	news.designtechnica.com /article7774.html (2702 words)

	No Software Patents!
		Under the influence of the patent system and big industry lobbyists, the European Union is on the verge of making a huge mistake: to pass a law that would legalize software patents.
		"Chances are that patents on software, common practice in the US and on the brink of being legalised in Europe, in fact stifle innovation.
		However, if the EU allows software patents, then that's the beginning of the end for Linux.
	www.nosoftwarepatents.com /en/m/intro/index.html (2702 words)

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