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Fragmentation and the European Patent System

Autor Karen Walsh
en Limba Engleză Paperback – 7 feb 2024
This book provides an in-depth study on current perceptions of, and responses to, fragmentation in the European patent system (EPS). For decades, attempts have been made to address this fragmentation by introducing a unitary patent system. The most recent attempt, the EU unitary patent system, will be the first of its kind. It is expected to significantly change the EPS. However, rather than reducing existing fragmentation, it will likely add to it. Based on an analysis of the current and forthcoming system, the book argues that the inherent nature of fragmentation within the EPS needs to be recognised and suggests that a multifaceted approach is required to respond to it. Uniquely, it draws on work regarding fragmentation outside of the patent and intellectual property regimes, gaining insights from both European law-making and the international legal system. These insights are used to investigate current responses to fragmentation in the EPS. Interpretations of substantive patent law are examined, including claim construction (Actavis v Eli Lily), exceptions to patentability related to uses of human embryos for industrial or commercial purposes (WARF, Brüstle, ISCC), and products resulting from essentially biological processes (Broccoli and Tomatoes II, G3/19). Attempts towards convergence in these areas have had mixed results and in some instances fragmentation may be necessary. However, similar techniques to those applied in the international legal system to respond to fragmentation are being used in the EPS, and, where this is seen, it has been to good effect. It is argued that these methods should be recognised, structured, and promoted to make our response to fragmentation more effective.Fragmentation and the European Patent System will be of interest to academics, students and practitioners looking for a new perspective on the EPS.
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Specificații

ISBN-13: 9781509961436
ISBN-10: 1509961437
Pagini: 240
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.34 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Includes case law from national courts, the Boards of Appeal of the European Patent Office, and the Court of Justice of the European Union

Notă biografică

Karen Walsh is Assistant Professor in Law, Maynooth University, Ireland.

Cuprins

Introduction I. Background II. The European Patent System III. Terminology IV. Perspectives on Fragmentation V. Outline PART IFRAGMENTATION AND THE EUROPEAN PATENT SYSTEM TODAY1. Existing Routes to Patent Protection in Europe I. National Patent Systems II. The European (EPC) Patent System III. The International Patent Application IV. Existing Fragmentation 2. Forthcoming Route to EU Unitary Patent Protection I. Background to the Unitary Patent Package II. The Unitary Patent Package III. Concerns Related to the Unitary Patent Package IV. Further Fragmentation PART IIALTERNATIVE PERCEPTIONS OF FRAGMENTATION3. Fragmentation in European Law-Making I. Constructing Europe and the European Patent System II. The Impact of Expansion III. Fragmentation as a Means of Integration 4. Fragmentation in the International Legal System I. Fragmentation in the International Legal System II. Application to the European Patent System III. Fragmentation as an Inherent Aspect of a Legal System PART IIIFRAGMENTATION AND SUBSTANTIVE PATENT LAW5. Responding to Fragmentation as an Inherent Aspect of the European Patent System I. Areas of Divergence II. Towards Convergence - Judicial Dialogue and Cooperation III. Fragmentation as an Inherent Aspect of the European Patent System 6. Accepting Fragmentation as a Necessary Aspect of the European Patent System I. The Impact of the Biotech Directive II. Interpretations of the Exceptions to Patentability III. Impact of the Unitary Patent Package IV. Considering Diversity and Value Pluralism when Responding to Fragmentation Conclusion: Fragmentation and the European Patent System