European Patent Convention Course

18 March 2014 - 20 March 2014

Time: 1:00 - 1:00am
Venue: Centre for Commercial Law Studies, Queen Mary University of London, 67-69 Lincoln's Inn Fields, London WC2A 3JB

The lectures will provide an introductory overview of the law and practice of European patent law. The emphasis will be on the substantive and procedural law under the European Patent Convention, including the jurisprudence of the EPO Board of Appeals. In addition, the creation of a Unitary Patent Court will be addressed. Emphasis is placed particularly on the relationship between the UPC and national patent systems, as well as problems of applicable law.

European Union Patent System versus European Patent system

Past, present and future of patent protection and patent litigation in Europe.

Manuel Desantes Real - Professor of Law, University of Alicante - Of Counsel, Elzaburu, Former Vice-President, EPO

Aurelio Lopez-Tarruella, Associate Professor of Law, University of Alicante – Of Counsel, Ferrandis

Dieter Stauder, Former Director, International Section, CEIPI, Former member, EPO

Overview of the Program– The questions

I. Why is very relevant for the EU to achieve an actual patent system? – Tuesday 18 March, 14:00 - 18:00

• A European patent granting authority
• A European patent granting process
• A EU single and unitary title
• A unitary patent protection in the EU, and
• A Unified Patent Court covering the whole territory of the EU.

II. What has happened until today? A 55 years long trip - From 1959 to 2014 – Tuesday 18 March

• From 1959 to 2004. Four failures (1962, 1975, 1989, 2004) and one success (1973)
• Two parallel attempts at European level:
  • Translations: The 2000 London Protocol on translations
  • Agreement on the application of Article 65 of the Convention on the Grant of European Patents: The 2005 Draft of European Patent Litigation Agreement (EPLA)
• From 2007 to 2011. A new attempt. The Opinion of the Court of Justice 1/09
• From 2011 to 2014. The system splits:
  • The enhanced cooperation. Regulation 11257/2012. Regulation 1260/2013. The Judgment of the Court of Justice of April 16th, 2013. The new case;
  • The  signature of the Agreement on a Unified Patent Court (February 19th, 2013).
• And now, what?

III. The patent granting process and the authority – The European Patent Organisation and the EPO – Wednesday 19, 10:00 - 14:00

IV. The title and content of the protection - From a single title to a unitary protection? – Wednesday 19 March  

• Enhanced cooperation. The babel tower
• Regulation 1257/2012. An empty shell?
• Regulation 1260/2012. What language regime?

V. Litigation in Europe. A nightmare – Wednesday 19 March (afternoon) and Thursday 20 March, 10:00 - 12:00

• National litigation. The Brussels Regulation. Moot case
• EU litigation system, European Patent Litigation System (EPLA), Unified Patent Court?
• Towards a Unified Patent Court for European patents in the territory of most (not all) of the Member States of the European Union

VI. Conclusions. The future.

Contact

For more information, please contact Sarah Jane Batty on s.j.batty@qmul.ac.uk.

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Photography, video and audio recording

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