As Europe progresses toward ratifying the European Unitary Patent and Unitary Patent Court, and the U.S. adjusts to Alice and the Patent Trial and Appeal Board, a major global sea change in patent law is afoot.
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EXPLORE substantive and procedural differences between European patent law and U.S. patent law.
As Europe progresses toward ratifying the European Unitary Patent and Unitary Patent Court, and the U.S. adjusts to Alice and the Patent Trial and Appeal Board, a major global sea change in patent law is afoot. This change will greatly impact the relevance and global impact of European patent rights, as European patents become enforceable in all European Patent Convention (EPC) states. That change will likely trigger the need for U.S. companies to pursue more extensive European patent protection. To help prepare for the new Europe, European Patent Practice for U.S. Attorneys provides attorneys, agents, and technical advisors with a useful and practical understanding of how European patent rights are secured.
This useful guide helps U.S. patent attorneys obtain an understanding of basic European patent law, develop European patent practice skills, avoid mistakes, and succeed at the European Patent Office. It provides a comprehensive overview of the European patent law as compared to U.S. patent law that enables the reader to understand European Patent Office (EPO) concepts and procedures, focusing on key differences between the U.S. and the EPC. It also provides concise examples of various European patent prosecution techniques and numerous procedural recommendations for EPO patent prosecution.
In particular, this guide helps attorneys:
European Patent Practice for U.S. Attorneys includes references to laws, policies, and practices of the European Patent Organization and compares them to the laws and policies followed by the USPTO, highlighting the elements of patent law and practice that are common to both jurisdictions and those elements of patent law that are core to any legal framework seeking to reward inventive and creative activity. Armed with this knowledge, U.S. attorneys can become more effective in dealing with their European patent attorneys and better serve their clients.
The 2016 Supplement:
adds changes made by the European Board of Appeals to core principles of law under the European Patent Convention
discusses changes made to procedures to Appeal and Opposition practice
reviews and updates the comparison between U.S. and European law regarding patentable subject matter, including the Federal Circuit’s Enfish decision addressing the boundaries of patentable subject matter in the U.S., and the law on patentable subject matter in Europe, with changes and clarifications coming from the U.K. Courts and the European Patent Office
considers and compares developments in European law, including decisions from the UK courts in HTC v. Apple as well as decisions from the European Boards of Appeal including T 1214/09, Sharp
looks at proposed changes that may come into place under the Unified Patent Court and Unitary Patent regime, if these schemes are adopted by the European States
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