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European Patents With Unitary Effect
The European patent with unitary effect, also known as the unitary patent, is a European patent which benefits from unitary effect in the participating member states of the European Union. Unitary effect means the patent has a common legal status throughout all the participating states, eliminating scenarios in which a patent may be invalidated by courts in one participating member state yet upheld by courts in another. Unitary effect may be requested by the proprietor within one month of grant of a European patent, replacing validation of the European patent in the individual countries concerned. Infringement and revocation proceedings are conducted before the Unified Patent Court (UPC), which decisions have a uniform effect for the unitary patent in the participating member states as a whole rather than in each country individually. The unitary patent may be only limited, transferred or revoked, or lapse, in respect of all the participating Member States. Licensing is however ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unitary Patent Participants
Unitary may refer to: Mathematics * Unitary divisor * Unitary element * Unitary group * Unitary matrix * Unitary morphism * Unitary operator * Unitary transformation * Unitary representation * Unitarity (physics) * E-unitary inverse semigroup, ''E''-unitary inverse semigroup Politics * Unitary authority * Unitary state See also * Unital (other) * Unitarianism * * {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Applicable Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enforcement Of European Patents
European patents are granted by the European Patent Office (EPO) under the legal provisions of the European Patent Convention (EPC). However, European patents are enforced at a national level, i.e. on a per-country basis, or, since June 1, 2023, before the Unified Patent Court (UPC). Under , "any infringement of a European patent shall be dealt with by national law," with the European Patent Office having no legal competence to deal with and to decide on patent infringements in the Contracting States to the EPC. A few, limited aspects relating to the infringement of European patents are however prescribed in the EPC. Proposals have been long discussed to create a true unitary European patent system across Europe and especially across the European Union (EU), i.e. a European patent system wherein the enforcement of European-wide patents would be dealt at a supranational level rather than at a national level. These projects include the European Union patent (formerly named "Commu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Limitation And Revocation Procedures Before The European Patent Office
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, '' ex parte'',OJ 2007, Special edition 4/2007, page 116, item 1. administrative procedures allowing any European patent to be centrally limited by an amendment of the claims or revoked, respectively. These two procedures were introduced in the recently revised text of the European Patent Convention (EPC), i.e. the so-called EPC 2000, which entered into force on 13 December 2007. The new Articles 105a, 105b and 105c EPC (of the EPC 2000) form the legal basis of the limitation and revocation procedures. These procedures are applicable since 13 December 2007 to all European patents, whether already granted or granted after that date. Rationale Until a decision of the Enlarged Board of Appeal of the EPO of 1994, namely G 9/93 (reverting earlier decision of the same instance of 1985, namely G 1/84), it was possible for the proprietor of a European patent to op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opposition Procedure Before The European Patent Office
The opposition procedure before the European Patent Office (EPO) is a post-grant, contentious, '' inter partes'', administrative procedure intended to allow any European patent to be centrally opposed. European patents granted by the EPO under the European Patent Convention (EPC) may be opposed by any person from the public (no commercial or other interest whatsoever need be shown). This happens often when some prior art was not found during the grant procedure, but was only known by third parties. An opposition can only be based on a limited number of grounds,"The function of Article 100 EPC is to provide, within the framework of the EPC, a limited number of legal bases, ie a limited number of objections on which an opposition can be based." iDecision G 1/95 (19 July 1996) reasons 4.1. i.e. on the grounds that the subject-matter of the patent is not patentable, that the invention is insufficiently disclosed, or that the content of the patent extends beyond the content of the ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Patent Office
The European Patent Office (EPO) is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. The EPO acts as executive body for the organisationGower's Report on Intellectual Property , para 1.34 while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative body. The actual legislative power to revise the lies with the Contracting States themselves when meeting at a Conference of the Contracting States. Within the European Patent Office, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grant Procedure Before The European Patent Office
The grant procedure before the European Patent Office (EPO) is an '' ex parte'', administrative procedure, which includes the filing of a European patent application, the examination of formalities, the establishment of a search report, the publication of the application, its substantive examination, and the grant of a patent, or the refusal of the application, in accordance with the legal provisions of the European Patent Convention (EPC). The grant procedure is carried out by the EPO under the supervision of the Administrative Council of the European Patent Organisation. The patents granted in accordance with the EPC are called European patents. In other words, the grant procedure before the EPO is the procedure leading to the grant of a European patent or to the refusal to grant a European patent. The procedure starts with the filing of an application and ends with the grant of a European patent or the refusal of the patent application by the EPO, or the withdrawal of the appl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
C-146/13 And C-147/13
In decisions in the cases C-146/13 and C-147/13 issued in May 2015, the European Court of Justice (ECJ) rejected two challenges by Spain against the legality of both unitary patent regulations. The decisions are significant because these legal challenges were regarded as "the last serious obstacle to the Unitary Patent Package being implemented", "provided the necessary number of ratifications of the Unified Patent Court Agreement occur (13 including UK, France and Germany)." In case C-146/13, Spain challenged Regulation (EU) No 1257/2012 implementing enhanced cooperation In the European Union (EU), enhanced cooperation (previously known as closer cooperation) is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but ... in the area of the creation of unitary patent protection, and in case C-147/13, Regulation No 1260/2012 of 17 December 2012, implementing enhanced cooperation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yves Bot
Yves Bot (August 22, 1947 – June 9, 2019) was a French magistrate who served until his death as Advocate General at the European Court of Justice. Biography In 1995, Yves Bot was nominated by Jacques Toubon, then Minister of Justice, as prosecutor of Nanterre. He directed the courthouse of Le Mans and worked as a counsellor to Pierre Méhaignerie at the Ministry of Justice. Between October 2002 and October 2004, he was ''procureur'' (head of the prosecution) of the Paris Court of large claims (''Tribunal de grande instance''). Between October 2004 and October 2006, he was '' procureur général'' (head of the prosecution and supervisor of the prosecutors of lower courts) of the Paris Court of Appeals, and as such one of the most important members of the French prosecution service. From 2006 until his death, he was Advocate General at the European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernhard Rapkay
Bernhard Rapkay (born 8 January 1951 in Ludwigsburg) is a German politician who served as a Member of the European Parliament from 1994 until 2014. He is a member of the Social Democratic Party of Germany, part of the Socialist Group. During his time parliament, Rapkay sat on the European Parliament's Committee on Economic and Monetary Affairs. He was also a substitute for the Committee on Industry, Research and Energy, a member of the Delegation to the EU-Ukraine Parliamentary Cooperation Committee and a substitute for the Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN). Previous employment * Various jobs in adult education, public relations, and project management Career * 1991-1999: Various offices with the SPD (since 1975), including Chairman of the Dortmund SPD * 1991-1999: Member of the Western Westphalia District Executive * Member of the SPD Regional Executive of the North Rhine-Westphalia * Member of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herman Van Rompuy
Herman Achille, Count Van Rompuy (; born 31 October 1947) is a Belgian politician who served as Prime Minister of Belgium from 2008 to 2009, and later as the first permanent President of the European Council from 2009 to 2014. Van Rompuy, a politician from Belgium's Christian Democratic and Flemish party, served as the 49th prime minister of Belgium from 30 December 2008 until 25 November 2009, when he was succeeded by his predecessor, Yves Leterme. On 19 November 2009, the European Council, which consists of the heads of state or government of the EU member states, selected Van Rompuy as its first full-time President under the Treaty of Lisbon. His term officially began on 1 January 2010 and was set to run until 31 May 2012 On 1 March 2012, he was re-elected for a second and final term, serving from 1 June 2012 to 30 November 2014. In 2019, he was appointed chairman of the board of the College of Europe. Early life, career and family Early life Born in Etterbeek, Brusse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
