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Dutch Patent Law
Patent law in the Netherlands, or simply Dutch patent law, is mainly governed by the ''Kingdom Patents Act'' ( nl, Rijksoctrooiwet) and the European Patent Convention. A patent covering the Netherlands can be obtained through three different routes: through the direct filing of a national patent application with the Netherlands Patent Office ( nl, Octrooicentrum Nederland) (direct national route), through the filing of a European patent application (European route), or through the filing of an international application under the Patent Cooperation Treaty followed by the entry into European phase of said international application (Euro-PCT route). The Dutch patent has a term of 20 years and has effect in the (European and Caribbean) Netherlands, Curaçao and Sint Maarten. Aruba has its own patent system. Dutch patent National patents applied for directly with Netherlands Patent Office are so-called ‘registration patents’ ( nl, registratieoctrooien): no substantial exami ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Industrially Applicable
In certain jurisdictions' patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry. In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance. An example of invention which would ''not'' be susceptible of industrial application is "a method of contraception ..to be applied in the private and personal sphere of a human being". In United States patent law, the utility requirement is a more or less corresponding, but different, requirement. Jurisdictions European Patent Convention Under the European Patent Convention (EPC), the requirement that an invention must be susceptible of industrial application to be patentable means that the invention "can be made or used in any kind of industry, including agriculture". ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spider In The Web Doctrine
The spider in the web doctrine is a legal doctrine in Dutch patent law governing cross-border injunctions in patent infringement cases. Under this doctrine, the Dutch courts would assume jurisdiction only in cases where the main defendant (the "spider") was located in the Netherlands and where the other defendants were part of a group of companies and acted based on a common business policy of this group (the "web"), regardless of the nation in which the disputed patent was issued. Decisions by the European Court of Justice (ECJ) have cast some doubt on the continuing validity of this doctrine. This is due in part to the fact that the ECJ did not feel that Dutch courts were competent to make predictions or judgments about the validity of patents granted outside the Netherlands, preferring to grant jurisdiction to the countries in which the patent was granted. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lugano Convention
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Infringement
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be ''commercial'' (or to have a ''commercial'' purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of The Hague
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supplementary Protection Certificates
In the European Economic Area ( European Union member countries, Iceland, Liechtenstein and Norway), a supplementary protection certificate (SPC) is a ''sui generis'' intellectual property (IP) right that extends the duration of certain rights associated with a patent. It enters into force after expiry of a patent upon which it is based. This type of right is available for various regulated, biologically active agents, namely human or veterinary medicaments and plant protection products (e.g. insecticides, and herbicides). Supplementary protection certificates were introduced to encourage innovation by compensating for the long time needed to obtain regulatory approval of these products (i.e. authorisation to put these products on the market). A supplementary protection certificate comes into force only after the corresponding general patent expires. It normally has a maximum lifetime of 5 years. The duration of the SPC can, however, be extended to 5.5 years when the SPC relat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissolution Of The Netherlands Antilles
The Netherlands Antilles was an autonomous Caribbean country within the Kingdom of the Netherlands. It was dissolved on 10 October 2010. After dissolution, the "BES islands" of the Dutch Caribbean—Bonaire, Sint Eustatius, and Saba—became the Caribbean Netherlands, "special municipalities" of the Netherlands proper—a structure that only exists in the Caribbean. Meanwhile Curaçao and Sint Maarten became constituent countries within the Kingdom of the Netherlands, along the lines of Aruba, which separated from the Netherlands Antilles on 1 January 1986. History Background and Aruban secession movement The idea of the Netherlands Antilles as a country within the Kingdom of the Netherlands never enjoyed the full support of all islands, and political relations between islands were often strained. Geographically, the Leeward Antilles islands of Aruba, Curaçao and Bonaire, and the Leeward Islands of Saba, Sint Eustatius and Sint Maarten lie almost apart. Culturally, the Leew ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paris Convention For The Protection Of Industrial Property
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on 20 March 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property. The convention is currently still in force. The substantive provisions of the Convention fall into three main categories: national treatment, priority right and common rules. Contents National treatment According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals. In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Backlog In Patent Applications
Although not clearly defined,''Economic Study on Patent Backlogs and a System of Mutual Recognition, Final Report, To the Intellectual Property Office Prepared by London Economics'' January 2010 (pdf, 1,59 MB). the backlog of unexamined patent applications consists, at one point in time, of all the patent applications that have been filed and still remain to be examined. The backlog was said to be 4.2 million worldwide in 2007, and in 2009 it reportedly continued to grow. Alone, the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
