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United States patent law, like the European Patent Convention (EPC), is based on a hierarchical code of statutes, regulations and administrative guidelines. However, there are numerous important distinctions, knowledge of which is crucial to successfully protect and leverage intellectual property in the United States. In this highly practical, one-of-a-kind book, European patent professionals will find, detail by detail, exactly what is required at every stage of a patent proceedings in the United States. Using a directly comparative presentation, the coverage includes such details of patent law and procedure as the following: drafting applications and filing them at the US Patent Office; provisions of the America Invents Act of 2011; possible responses to a Final Office Action; US definitions of novelty and inventiveness; types of patents recognized in the United States; structure of the US Patent Office and the US court system; variations in the definitions of basic patentability criteria; types of US post-grant proceedings and third-party submissions; appeal proceedings at the US Patent and Trademark Office; inventor's oath; foreign filing license; cost and time periods for various procedural acts; the work of US patent attorneys, agents and examiners; uses of the US Manual of Patent Examination Procedure (MPEP); and the US provisional application procedure. Every step in the process is described and directly compared as it operates under both the EPC and US patent law. There is no other available source of such instantly accessible information for European patent lawyers, in-house counsel, or EPC or national patent office officials, to all of whom this book will be of immeasurable value and usefulness. Intellectual property law academics and students will also benefit from the book's rigorous comparative approach."
Patent opinions and evaluations are used in virtually all endeavors involving United States patents, including litigation, prosecution, licensing, product design, product launch, evaluation for acquisition or disposition of intellectual property, bankruptcy, and U.S. securities issues. In U.S. Patent Opinions and Evaluations, David Fox provides expert, up-to-date, practical advice and guidance on the four principle issues of patent opinions and evaluations: claim construction and claim scope, infringement, validity, and enforceability. This second edition features a first-of-its-kind discussion of opinions of non-willful infringement based on the Seagate two-prong test for objective willfulness and an evaluation of the test, including analyses of Federal Circuit decisions applying the test. The case law, including Bilski and developments in indirect and joint infringement, has been completely updated, along with effects on willfulness, including updates related to the America Invents Act of 2011. Finally, the book has been restructured for easier use by attorneys preparing opinions and for those relying on these opinions. David L. Fox masterfully addresses the needs of the practicing attorney preparing a patent opinion, combining discussions and the framework of the current law with specific practice tips. He also provides clear, straight-forward guidance for non-patent professionals on the principles of U.S. patent law and the fundamentals of U.S. patent opinions and evaluations, allowing them to better understand and rely on them. U.S. Patent Opinions and Evaluations covers everything from general issues--including overviews of opinions, rules for preparing competent opinions, and waiver to nuts-and-bolts issues such as claim construction and claim scope, infringement, validity, and enforceability. The "Practice Tips" and the appendices provide further practical guidance by setting forth exemplary outlines of opinions and evaluations. A subject index enables quick and easy use of the book as a reference for specific topics.
This text provides an analysis of European patent law and procedure (including practice under the PCT) and examines the provisions and case-law of the European Patent Convention, the Patent Law Treaty, and Community Patent.
Patents for Chemicals, Pharmaceuticals and Biotechnology is the established and highly-acclaimed introduction to patent law and practice, guiding the reader through the legal and procedural complexities of the British, European, Japanese, and United States patent systems. It explains in detail the role of patent practitioners, both in private practice and in-house, in maximizing the commercial potential of their company's or client's products. The eagerly awaited new sixth edition of this highly respected text has been fully revised and updated to discuss major new developments in patent law, patent aspects of Free Trade Agreements (FTAs), developments in the area of competition law and patents, and all relevant case law of the US, UK, and the European Patent Office (EPO). This is a comprehensive and invaluable guide to this rapidly developing and increasingly globalize area of law, providing a full description of the techniques and industry know-how that underlie successful patent practice and portfolio management.
The book is explaining in detail the current discussion regarding the unification of European patent law. It explains the current national legal practices in Europe, describing the legal and factual issues and the different approaches to achieve unification. The book manages to show the complex situation and the different opinions from the beginning of the discussion in a clear and comprehensive manner without requiring previous knowledge of the reader and is therefore to be recommended for everyone interested. Jochen Pagenberg, LL.M. Harvard, President EPLAW, Germany and Thomas Schachl, LL.M., Attorney-at-law, Germany In his detailed study, Stefan Luginbuehl critically examines the latest efforts to establish a common European and EU patent litigation system and suggests possible alternatives to such a system. Due to the lack of a European patent court, both the EPO and national judges interpret European patents and European patent law. This results in diverging interpretation across Europe and costly litigation for patent holders. Stefan Luginbuehl s proposals to promote the goal of a uniform interpretation of patent law and ease the difficulties are timely and highly insightful. Dealing with important legal and political issues related to European patent litigation and the establishment of a common patent litigation system, this book will appeal to practitioners, patent litigators, patent attorneys and judges specialised in patent litigation. Academics teaching and learning IP (patent law), private international law, or international civil procedure, will find this study interesting as the book deals with important aspects of national and international patent litigation, as well as procedural and structural questions related to the establishment of a patent court for Europe.
Germanyand’s patent system presents unique opportunities and risks for companies doing business abroad. It is one of the worldand’s top jurisdictions for patent enforcement because of the size of the German market, the speed and cost of the proceedings, the expertise and reputation of the judges, and its advantageous and“split systemand” that resolves infringement separately from validity challenges. Either as a stand-alone enforcement venue, or as part of a global IP strategy, Germany should be at the forefront of companiesand’ intellectual property plans. This handbook provides attorneys worldwide both the fundamental framework and practical pointers for navigating Germanyand’s patent system. The book opens with an overview of the judicial system, along with a background on patent prosecution and opposition proceedings in the European Patent Office. The handbook then explains key aspects of patent litigation in Germany, including: Trial procedure; Claim construction; Damages; Nullity (invalidity) proceedings; Discovery; Customs enforcement actions; Employment law regarding inventions; and Budgeting of patent cases. The book also provides forms and legislative materials, including translations (unofficial) of key intellectual property provisions, such as of the German Patent Act, Utility Model Act and the Act on Employeeand’s Inventions. Authored by active patent litigators in Germany and the United States, this handbook explains the German system in the context of U.S. proceedings, and concludes with a comparison of key provisions of the U.S. and German patent systems. For in-house counsel, as well as for seasoned international litigators, this handbook offers valuable lessons for patent procurement, enforcement, and defense.
Advances in modern biotechnology have produced profound and far-reaching implications for the relationship between humans, animals and the environment. This book examines the role of moral considerations in the patent system as a form of regulation. It questions why in the context of biotechnological inventions morality has become an important issue.

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