Transitions in European Patent Law Influences of the Unitary Patent Package

Author: Rosa Maria Ballardini; Marcus Norrgard; Niklas Bruun
Publisher: Kluwer Law International
ISBN: 9789041156051
Published In: June 2015
Format: Hardback , 352 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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New complex technological sectors like software and biotechnology pose unprecedented challenges for patent law. In Europe, this situation has engendered patent law reforms which, after several years of struggling, seem to have finally concretized in the Agreement on the Unitary Patent and the Unified Patent Court signed by twenty-five EU Member States in February 2013 (the so-called EU Patent Package). In this ground-breaking book – derived from the work of the highly respected and penetrating PatLim project in Finland – nineteen prominent experts explore issues arising in the context of the emerging European patent system. The book analyses how substantive and procedural patent law rules in highly complex technologies interact within each other’s frameworks and within the overall IP framework, as well as within the frameworks of other intellectual property rights and other fields of law, such as competition law. Topics and issues include the following: ;

judicial independence of specialized courts;

the concept of dynamic patent governance;

legal certainty in patent law;

the inventive step and patent policy;

prior rights, conflicting applications, and secret prior art;

patent interpretation and the doctrine of equivalents;

preliminary injunctions in the Unified Patent Court; and

misuse of patent application procedures.

There is also a valuable comparison with the most recent transatlantic patent reforms, such as the America Invents Act of 2011. This is the first book to put the current evolution of European patent law in legal, economic, historical, and technological perspectives. As such, this important collection provides a rich understanding of the ways that patent law reacts to and provokes complex technological phenomena. The controversial issues raised and solutions and interpretations offered will be well worth the study of patent professionals within and beyond the European patent ecosystem.

Part I: Introduction
Chapter 1: European Patent Law: The Case for Reform

Part II: European Patent Reforms: General Perspectives
Chapter 2: Patent Reforms at Both Sides of the Atlantic: An Analysis of the Patent Package and the America Invents Act through the Lens of ‘Dynamic Patent Governance’
Chapter 3: The Unified Patent Court (UPC) in Action: How Will the Design of the UPC Affect Patent Law?

Part III: The Substantive Patent Law Framework
Chapter 4: Legal Certainty and Software Patents: A European Perspective
Chapter 5: The Unified Patent Court and the Inventive Step
Chapter 6: Secret Prior Art: The Many Faces of Article 54(3) EPC
Chapter 7: Patent Specification: Articles 83 and 84 Appeal before the Boards of Appeal of EPO Concerning Computer Programs

Part IV: Enforcement and Procedural European Patent Law
Chapter 8: Enforcement: Legal Implications of the European and Unitary Patent Systems for Non-practicing Entity Patent Enforcement in Europe
Chapter 9: The Doctrine of Equivalents and the Interpretation of the Extent of Protection Conferred by a Patent
Chapter 10: The Requirements for Preliminary Injunctions in the Unified Patent Court
Chapter 11: Adding Fuel to Fire: A Complex Case of Unifying Patent Limitations and Exceptions through the EU Patent Package

Part V: European Patent Law: Perspectives from Other Fields of Law
Chapter 12: The Relationship between Copyright and Patent Protection in European Union Law
Chapter 13: Competition Policies for Software Innovations in and beyond Markets: An Investigation into the Complementarity of Competition Law and Patents in the European Union
Chapter 14: Misuse of Patent Application Procedures: A Case for Condemning Non-misleading Strategies?

Bibliography
Table of Legislation
Table of Cases