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European Union Patent
The European patent with unitary effect, also known as the unitary patent, is a European patent which will benefit from unitary effect in the participating member states of the European Union. 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 will be conducted in front of the Unified Patent Court (UPC), which decisions will have a uniform effect for the unitary patent for the participating member states as a whole rather than for 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 to remain possible for part of the unitary territory. The unitary patent may coexist with nationally enforceable patents ("classical" patents) in the non-participating states. The unitary patent's stated aims are ...
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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 Politics * Unitary authority * Unitary state See also * Unital (other) * Unitarianism Unitarianism (from Latin ''unitas'' "unity, oneness", from ''unus'' "one") is a nontrinitarian branch of Christian theology. Most other branches of Christianity and the major Churches accept the doctrine of the Trinity which states that there i ...
, belief that God is one entity * * {{disambiguation ...
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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. 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. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ...
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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 oppos ...
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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 app ...
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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,
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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 appli ...
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Official Journal Of The European Union
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be Inheritance, inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ''official'' (12th centur ...
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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 w ... 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 in t ...
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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. See also *List of members of the European Court of Justice A ''list'' is any set of items in a row. List o ...
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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 The Socialists, Democrats and Greens Group (french: Groupe Socialiste, SOC) is a primarily social-democratic political grouping in the Parliamentary Assembly of the Council of Europe. It was known as the Socialist Group prior to August 2017. The .... 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 European Union, 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 p ...
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Herman Van Rompuy
Herman Achille, Count Van Rompuy (; born 31 October 1947) is a Belgian politician, who served as the prime minister of Belgium from 2008 to 2009 and then as the first permanent president of the European Council from 2009 to 2014. A politician from Belgium's Christian Democratic and Flemish party, Van Rompuy served as the 49th prime minister of Belgium from 30 December 2008 until Yves Leterme (who was also his predecessor) succeeded him on 25 November 2009. On 19 November 2009 Van Rompuy was selected by the members of the European Council, which is the institution of the European Union (EU) comprising the heads of state or government of the EU member states, as the first full-time President of that Council under the Treaty of Lisbon. He was appointed for the period from 1 December 2009 until 31 May 2012, though he only took up his position officially on 1 January 2010. On 1 March 2012 he was re-elected for a second (and last) term, to last from 1 June 2012 until 30 November ...
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