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Patent Court
A patent court is a court specializing in patent law, or having substantially exclusive jurisdiction over patent law issues. In some systems, such courts also have jurisdiction over other areas of intellectual property law, such as copyright and trademark. By jurisdiction European Union *Unified Patent Court, a planned court for patent litigation in the European Union Germany *Federal Patent Court of Germany (German: ''Bundespatentgericht'' or BPatG) Japan *Intellectual Property High Court Switzerland *Federal Patent Court of Switzerland United Kingdom England and Wales *Intellectual Property Enterprise Court, formerly Patents County Court *Patents Court United States *United States Court of Appeals for the Federal Circuit (exercising jurisdiction formerly vested in the United States Court of Customs and Patent Appeals) See also * Intellectual property organisation Intellectual property organizations are organizations that are focused on copyrights, trademark ...
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Court
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 to ...
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Federal Patent Court Of Switzerland
The Swiss Federal Patent Court (German: ''Bundespatentgericht'', French: ''Tribunal fédéral des brevets'') is a Swiss federal court competent for particular legal matters, such as patent cases. It has its seat in Sankt Gallen, Switzerland. In Switzerland, the court has exclusive jurisdiction with regard to the Swiss/Liechtenstein unitary patents, whether these unitary patents are European patents or "national" patents, in questions of validity and infringement disputes, preliminary measures and enforcement of decisions made under its exclusive jurisdiction. Appeal is possible (with regard to legal issues) to the Federal Supreme Court. The court started its work in 2012, taking over jurisdiction from 26 individual cantonal courts and consists of panels of both legally and technically qualified judges. See also * Federal Patent Court of Germany * Swiss Federal Institute of Intellectual Property * Copyright law of Switzerland References Further reading * External links ...
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Intellectual Property Organisation
Intellectual property organizations are organizations that are focused on copyrights, trademarks, patents, or other intellectual property law concepts. This includes international intergovernmental organizations that foster governmental cooperation in the area of copyrights, trademarks and patents (such as organizations based on or founded by treaty), as well as non-governmental, non-profit organizations, lobbying organizations, think tanks, notable committees, and professional associations. International, general organisations * World Intellectual Property Organization (WIPO) * African Regional Intellectual Property Organization (ARIPO) * ''Organisation Africaine de la Propriété Intellectuelle'' (OAPI) or African Intellectual Property Organization National patent offices Regional, patent-related organisations * Eurasian Patent Organization (EAPO) *European Patent Organisation (EPO or EPOrg) * Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC) ...
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United States Court Of Customs And Patent Appeals
The United States Court of Customs and Patent Appeals (CCPA) was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes. History The CCPA began as the United States Court of Customs Appeals, created by the Payne–Aldrich Tariff Act of August 5, 1909, and it started its work the following year, on April 22, 1910. Five judges for the new court were appointed by President Taft: Robert Morris Montgomery, William H. Hunt, James Francis Smith, Orion M. Barber and Marion De Vries. The jurisdiction was originally appeals from decisions of the Board of General Appraisers, and no further appellate review was permitted. This changed in 1914, when writ of certiorari by the United States Supreme Court was allowed. The Patent Act of 1922 enlarged the jurisdiction of the court to include appeals on questions of law from Tariff Commission findings in proceedings relating to unfair practices in the import trade. In 1929 the court' ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ...
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Patents Court
The Patents Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales. It deals with disputes relating to intellectual property, including patents and registered designs. It also hears appeals against decisions of the Comptroller General of Patents. If a case is deemed suitable to be heard at county court level, it can be heard in the Central London County Court.Martin Partington Thomas Martin Partington, (born 5 March 1944) is a British retired legal scholar and barrister. He is Emeritus professor of Law at the University of Bristol.'PARTINGTON, Prof. (Thomas) Martin', ''Who's Who 2017'', A & C Black, an imprint of Blo ..., ''Introduction to the English Legal System 2012-23'' (6th edn, Oxford, Oxford University Press, 2011) p.223 References External links Patents Court page of Her Majesty's Courts Service website High Court of Justice United Kingdom patent law English civil law Intellectual property law Intellectual prop ...
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Intellectual Property Enterprise Court
The Intellectual Property Enterprise Court (IPEC; previously the Patents County Court or PCC) in London is an alternative venue to the High Court for bringing legal actions involving intellectual property matters such as patents, registered designs, trade marks, unregistered design rights and copyright. Hearings are usually conducted in the Thomas More Building at the Royal Courts of Justice site in the Strand, or at the Rolls Building in Fetter Lane. Original establishment Originally established in 1990 by an order made under Section 287 (1) of the Copyright, Designs and Patents Act 1988,The Patents County Court (Designation and Jurisdiction) Order 1990 SI No. 1496. This was subsequently revoked and replaced by The Patents County Court (Designation and Jurisdiction) Order 1994 SI No. 1609, which has in turn been amended by The High Court and County Courts Jurisdiction (Amendment) Order 2005 SI No. 587. the intention was that the PCC should be a forum where simpler cases could ...
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Intellectual Property High Court
The Intellectual Property High Court (, ''Chiteki-zaisan kōtō-saiban-sho''), sometimes abbreviated IPHC, is a special branch of Tokyo High Court in the judicial system of Japan. It is based in Kasumigaseki, a district in Chiyoda Ward in Tokyo, Japan. The Intellectual Property (IP) High Court was established on 1 April 2005,IP High Court web site''History'', consulted on 12 January 2008. in order to accelerate and reduce the costs of patent litigation in Japan. The IP High Court hears appeals from district courts in Japan on patent actions and suits against appeal/trial decisions made by the Japan Patent Office (JPO).The IP High Court is also the exclusive court of appeals on issues such as: the rights of authors of a computer program, utility model rights, and integrated circuit layout design protection. References Further reading * Katsumi Shinohara''Outline of the Intellectual Property High Court of Japan'' AIPPI The International Association for the Protection of Intell ...
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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 ...
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Federal Patent Court Of Germany
The Federal Patent Court (german: Bundespatentgericht, abbreviation: ''BPatG'') is a German federal court competent for particular legal matters, such as patent and trademark cases. It has its seat in Munich, Germany, and was established on July 1, 1961. Within Germany's dual system, in which patent infringement proceedings and nullity suits are dealt with before different courts, the Federal Patent Court is in charge of nullity suits, i.e. deciding upon challenges to the validity of German and European patents having effect in Germany. See also * ''Deutsches Patent- und Markenamt'' (DPMA) * Federal Patent Court (Switzerland) * German patent law German patent law is mainly governed by the ''Patents Act'' (german: Patentgesetz) and the European Patent Convention. A patent covering Germany can be obtained through four different routes: through the direct filing of a national patent applicati ... References External links * German patent law German intellectual proper ...
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Unified Patent Court
The Unified Patent Court (UPC) is a common patent court open for participation of member states of the European Union, and created by the "Agreement on a Unified Patent Court" (UPC Agreement or UPCA), which is provisionally applicable since 19 January 2022. Once the UPC Agreement will be in force, the UPC will hear cases regarding infringement and revocation proceedings of European patents (including unitary patents) that are valid in participating member states. A single court ruling will be directly applicable in the member states that have ratified the UPC Agreement. The UPC Agreement was signed as an intergovernmental treaty in February 2013 by 25 states (all EU member states except Spain, Poland and Croatia). It will enter into force on the first day of the fourth month after meeting three predefined conditions. Provisional application of the UPC Agreement was triggered on 19 January 2022 to enable preparation for the proper functioning of the court after entry into force ...
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