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Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en
This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
Europe has enacted a new patent system, now offering unitary patents and a Unified Patent Court (UPC) for pan-European enforcement. Country-by-country enforcement is no longer required. Unitary patents add to the strategic options available for innovators to protect their technology, coexisting with the other traditional forms of protection through ordinary European patents, national patents, and utility models. The complex interplay between these enforcement channels creates major strategic challenges for enterprises doing business in Europe. This book is the first to provide an all-embracing view of the new legal situation, thoroughly demonstrating the potential for exploiting unitary patents in tandem with traditional patent rights. It also provides an overall constructive approach to patent procurement and litigation. The authors—prominent patent litigators, two from Germany and one from the United States—present a detailed analysis of these strategic considerations, including: opt-out mechanisms for “ordinary” European patents; patentability standards; inventorship and ownership; claim construction; invalidation proceedings; revocation actions at the UPC; pre-suit considerations; enforcement options and strategies through the UPC and German courts; discovery and evidence taking; and customs actions. Because patent enforcement is a global pursuit and inherently crosses borders, the analysis is presented with an eye toward other European and non-European systems, particularly the common law system of the United States. The goal of this book is to assist patent practitioners worldwide in resolving disputes through a sharpened understanding of options in Europe. Corporate decision-makers and in-house counsel dealing with patents and patent litigation—as well as academics in patent law—will greatly benefit from the authors’ practical guidance in navigating the respective judicial tracks described to promote an optimal strategic approach for the global patent arena.
"Section of Intellectual Property Law, American Bar Association."
The book is a concise, practical guide for all those involved in the conduct and management of international patent litigation, from in-house professionals (patent managers, patent attorneys and general counsel) to those in private practice.
A User's Guide to Patents, Fifth Edition provides guidance on the areas of European and UK patent law and procedure that are most important in day-to-day practice. This new edition sets out how patents can be obtained, exploited and enforced and addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends that affect legal practitioners. It is essential reading for IP practitioners, solicitors and barristers, patent attorneys, in-house lawyers, management executives and inventors. Unique selling points: Explains how patents can be exploited and enforced by reference to the most recent UK and EPO case law Identifies and discusses the different patent law issues that can arise in specific industrial sectors Full tabulation of all English patent validity and infringement decisions given after full trial since 1997 Addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends in the field, both in Europe and internationally The following relevant developments are included: The new UK law as to infringement by equivalents following Actavis v Lilly (UKSC 2017) The degree to which new types of plant, produced by using certain modern biotechnological techniques, can be patented in the light of the exclusion for 'products obtained by essentially biological processes' and the ongoing controversy as to this between the EPO, the EPO Boards of Appeal and the EU The developing case law in the UK and the EPO on plausibility in the context of insufficiency and obviousness The Unjustified Threats Act 2017 and other procedural developments, such as those involving Arrow type declarations of obviousness Developments in standards related patent litigation, as in Unwired Planet v Huawei (Patents Court 2017, CA 2018)
This practical book provides a well considered plan for invention protection and management that can be used effectively to avoid expensive, time-consuming, and sometimes company-killing patent infringement litigation. However, because not all patent infringement litigation can be avoided, the second part of this important book explains how to manage patent infringement litigation should it become necessary.