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User's Guide to Patents 5th edition [Pehme köide]

  • Formaat: Paperback / softback, 960 pages, kõrgus x laius: 216x138 mm, kaal: 876 g
  • Sari: A User's Guide to... Series
  • Ilmumisaeg: 27-Jun-2019
  • Kirjastus: Bloomsbury Professional
  • ISBN-10: 1526508680
  • ISBN-13: 9781526508683
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  • Formaat: Paperback / softback, 960 pages, kõrgus x laius: 216x138 mm, kaal: 876 g
  • Sari: A User's Guide to... Series
  • Ilmumisaeg: 27-Jun-2019
  • Kirjastus: Bloomsbury Professional
  • ISBN-10: 1526508680
  • ISBN-13: 9781526508683
Teised raamatud teemal:
A Users 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 title is included in Bloomsbury Professional's Intellectual Property and IT online service.

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Provides guidance on the areas of European and UK patent law and procedure that are most important in day-to-day practice.
Preface and acknowledgements v
Abbreviations xi
Table of cases
xiii
Table of statutes
xli
Table of statutory instruments
xliii
Table of European material
xlv
Table of international legislation
xlix
Part I Patents generally
Chapter 1 Introduction to the patent system
3(34)
Introduction
4(3)
Relationship of patents to other intellectual property rights
7(4)
A brief history of the patent system
11(15)
Sources of the current patent law in the United Kingdom
26(4)
Patents and patent applications as sources of information
30(7)
Chapter 2 Applying for and securing the grant of a patent
37(44)
Ownership
38(10)
The structure of a patent specification and its claims
48(5)
Applying for a patent in one country
53(12)
Applying for a patent internationally
65(6)
Issues met in relation to patent applications
71(6)
Matters occurring after grant
77(4)
Chapter 3 Transactions with patents and with patent applications
81(44)
Types of transaction
82(4)
Formalities of such transactions
86(2)
Patent licensing generalities
88(6)
Competition law considerations associated with patent licensing
94(9)
Specific patent licence terms - grant and scope of licence
103(6)
Specific patent licence terms - structuring payments for the rights granted
109(6)
Specific patent licence terms - other obligations on licensee
115(2)
Specific patent licence terms - obligations on licensor
117(1)
Specific patent licence terms - other aspects
118(7)
Chapter 4 Procedures in disputes concerning patents
125(74)
Types of dispute concerning patents
126(9)
Attacking the validity of a patent after grant
135(3)
The action for patent infringement in England
138(21)
Other aspects of English patent infringement litigation
159(13)
Patent litigation in other European countries
172(27)
Chapter 5 Patent validity - substantive law
199(92)
Introduction
200(9)
The state of the art for novelty and inventive step and when it is assessed
209(13)
Lack of novelty (anticipation)
222(4)
Lack of inventive step (obviousness)
226(36)
Insufficiency
262(20)
Addition of matter and extension of protection
282(9)
Chapter 6 Patent infringement - substantive law and remedies
291(68)
Types of infringing acts
292(13)
Claim construction and the sfcope of protection
305(22)
Defences
327(15)
Remedies for patent infringement
342(17)
Part II Patents in specific areas of technology
Chapter 7 Patents for chemicals, pharmaceuticals, and agrochemicals
359(70)
Introduction
360(2)
Claims in chemical patents
362(9)
Claims in pharmaceutical patents
371(11)
Validity issues
382(25)
Infringement issues
407(9)
De facto extension of patent protection for pharmaceuticals and agrochemicals in the EU by the SPC Regulations
416(13)
Chapter 8 Biotechnology patents
429(52)
Introduction
430(8)
The `product of nature' issue
438(13)
The `variety' and `essentially biological processes' issues
451(7)
Public policy issues
458(7)
Adequacy of description and deposit requirements
465(9)
Infringement issues
474(7)
Chapter 9 Patents in electronics, communications, and computing
481(46)
Introduction
481(2)
Patents and Technical Standards
483(11)
Patents and computer programs
494(24)
Patents and business methods
518(9)
Part III Appendices
Appendix 1 Adherence to International Patent Treaties (including latest version acceded to, or the accession date)
527(8)
Appendix 2 Patents Court judgments on validity and infringement since 1997
535(38)
Appendix 3 Court of Appeal judgments on validity and infringement since 1997
573(14)
Appendix 4 Further reading
587(2)
Appendix 5 Patent resources on the Internet
589(4)
Appendix 6 Legislative materials s
593(286)
Paris Convention for the Protection of Industrial Property (20 March 1883)
593(8)
Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS)
601(24)
Convention on the Grant of European Patents (EUROPEAN PATENT CONVENTION 2000)
625(39)
Protocol on Jurisdiction and the Recognition of Decisions in Respect of the Right to the Grant of a European Patent (PROTOCOL ON RECOGNITION) of 5 October 1973
664(3)
Protocol on the Interpretation of Article 69 EPC
667(1)
Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products
668(12)
Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (codified version)
680(13)
Directive 98/447 EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions
693(14)
Commission Regulation (EU) No 316/2014 of 21 March 2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements
707(13)
Patents Act 1977 (as amended) (consolidation produced by Patents Legal Section 1 October 2017)
720(159)
Index 879
Trevor Cook is an English qualified solicitor with over 35 years' experience in the field of intellectual property, and notably global patent litigation, who has acted in many of the leading patent infringement cases before the English courts. At the beginning of 2014 Mr Cook joined Wilmer Cutler Pickering Hale and Dorr LLP as a partner in New York from Bird & Bird LLP in London, where he had been a partner since 1981. He is chair of the British Copyright Council and was for several years president of the UK group of the International Association for the Protection of Intellectual Property. He is on the World Intellectual Property Organisation list of arbitrators.