Fragmentation and the European Patent System

Karen Walsh (Autor)

Buch | Softcover

240 Seiten

2024
Hart Publishing (Verlag)
978-1-5099-6143-6 (ISBN)

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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.

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

Introduction
I. Background
II. The European Patent System
III. Terminology
IV. Perspectives on Fragmentation
V. Outline

PART I
FRAGMENTATION AND THE EUROPEAN PATENT SYSTEM TODAY
1. 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 II
ALTERNATIVE PERCEPTIONS OF FRAGMENTATION
3. 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 III
FRAGMENTATION AND SUBSTANTIVE PATENT LAW
5. 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

Erscheinungsdatum	10.02.2024
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht
ISBN-10	1-5099-6143-7 / 1509961437
ISBN-13	978-1-5099-6143-6 / 9781509961436
Zustand	Neuware