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A Practitioner's Guide to European Patent Law 3rd ed

Paul England

ISBN13: 9781509981144

Previous Edition ISBN: 9781509947645

To be Published: June 2025

Publisher: Hart Publishing

Country of Publication: UK

Format: Hardback

Price: £190.00

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This new edition offers a comprehensive and practical guide to European patent law.

This book uniquely addresses European patent law using a thematic approach, assessing the national and EPO approaches together rather than in nation-by-nation chapters. Each chapter therefore enables the common ground, and differences, between approaches to be assessed.

The most influential European patent law jurisdictions are covered in the book, including the leading cases from the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland.

In addition to featuring completely revised content on the fast-moving subject areas of FRAND and plausibility, and updates in all other areas of patent law, the 3rd edition includes for the first time fully integrated coverage of every substantive decision of the Unified Patent Court. A must-read for anyone working in the field of European patent law.

Subjects:: Intellectual Property Law

Contents:: 1. Introduction; I. Towards a ius commune of Patent Law; II. The Purpose of this Book; 1. The Skilled Person and their Common General Knowledge; I. The Skilled Person or Team; II. Common General Knowledge; 2. Scope of Protection of Patent Claims; I. Statutory Basis; II. Principles of Construction; III. General Principles of National Law on the Doctrine of Equivalents; IV. The Role of a 'Formstein Defence'; V. The Role of the Prosecution File; VI. Particular Terms and Forms of Claim; VII. Numerical Ranges; VIII. Case Comparison – The Pemetrexed Decisions; 3. Direct Infringement; I. Statutory Basis; II. Liability; III. Territoriality; IV. Product Claims (Article 25(a) CPC 1989); V. Process Claims (Article 25(b) CPC 1989); VI. Products Made by an Infringing Process (Article 25(c) CPC 1989); VII. Processes for Obtaining New Products; VIII. Second Medical Use Claim Infringement; IX. Infringement of DNA Sequences; X. Unjustified Threats; 4. Indirect Infringement; I. Statutory Basis; II. Means Relating to an Essential Element of the Invention; III. Means Suitable for Putting the Invention into Effect; IV. Knowledge; V. Staple Commercial Products; VI. Double-territoriality; VII. Indirect Infringement of Swiss Form Claims; VIII. Indirect Infringement of EPC 2000 Claims; IX. Other Forms of Contributory Infringement; 5. General Defences; I. The Diverse Sources of Defence to Infringement; II. The Experimental Use Exemption; III. The Bolar Exemption; IV. Other Statutory Defences; V. Exhaustion; VI. De minimis; VII. Public Interest Compulsion and Crown Use; VIII. Invalidity and Non-Infringement of Claims Asserted; IX. Issue Estoppel; X. FRAND Licence Objection; XI. Prior Use (Article 37 CPC 1989); 6. Declarations; I. General Jurisdictional Basis; II. Declarations of Non-Infringement; III. Declarations that a Patent is Standard Essential; IV. Declarations Concerning Validity; 7. FRAND; I. Standards, SEPs and FRAND; II. Guidance at the European Level; III. General Principles of National Law; IV. Determining the FRAND Rate; V. Anti-Suit Injunctions (ASIs) and Anti-Anti-Suit Injunctions (AASIs); 8. Remedies; I. Statutory Basis; II. Preliminary Injunctions; III. Damages for Unjustified Injunction; IV. Protective Letters; V. Quia Timet Injunction; VI. Final Injunction; VII. Springboard Relief; VIII. Award of Damages; IX. Account of Profits; X. Recall, Removing from the Channels of Commerce and Destruction; XI. Publication of Judgment; XII. Effect of Tested Validity; XIII. Substantive Treatment of Costs; 9. Patentability and Industrial Application; I. Statutory Basis; II. Industrial Application; III. Excluded Subject-matter; IV. Exceptions to Patentability; V. Methods of Treatment and Diagnostics – Article 53(c) EPC; 10. Novelty; I. Statutory Basis; II. General Principles of EPO and National Case Law; III. Treatment of Disclosure and Enablement; IV. Interpreting Patent Claims and the Prior Art for Novelty Purposes; V. Made Available to the Public; VI. Novelty Over General Disclosures in the Art; VII. Priority; VIII. Product by Process Claims; IX. Second and Subsequent Medical Uses; X. Other Forms of Purpose-limited Claims; XI. Claim Amendment; 11. Inventive Step; I. Statutory Basis; II. Date; III. Determination of Fact or Law?; IV. Technical or Commercial Question?; V. The Role of Common General Knowledge; VI. Structured Approaches to Inventive Step; VII. Motivation Based Approaches; VIII. Criticism of Problem-and-Solution; IX. Criticism of Motivation-based Tests; X. An Alternative Basis for Assessing Inventive Step; XI. Mixed Technical and Non-technical Features; XII. Combinations of Prior Art Features; XIII. Other Factors; XIV. Case Comparison (Tadalafil); 12. Sufficiency; I. Statutory Basis; II. General Approaches of EPO and National Law; III. Principle of General Application; IV. Technical Contribution and Invention Treated Separately; V. Forms of Claim; VI. Inventive Improvements/Infringements; VII. Promised Quality not Enabled and Errors; VIII. Deposits of Biological Material; IX. Plausibility in the Context of Insufficiency; X. Lack of Clarity; 13. Plausibility; I. Is There a Statutory Basis?; II. Origins of Plausibility in the EPO; III. Inventive Step; IV. Insufficiency; V. Industrial Applicability; VI. The Novelty Context; VII. Post-dated Evidence and ab-initio Plausibility; VIII. The Plausibility Threshold; IX. Further Questions; 14. Supplementary Protection Certificates; I. Statutory Basis; II. Certificates for Plant Protection Products; III. Conditions for Grant; IV. Protected by a Basic Patent in Force; V. Marketing Authorisations in the SPC Context; VI. Extent of Protection (Article 4 SPC Regulation); VII. Same Rights as Conferred by the Patent (Article 5 SPC Regulation); VIII. Term; IX. Medicinal Products for Paediatric Use; X. The SPC Manufacturing Waiver; 15. Patent Ownership, Dealings and Employee Inventors; I. Introduction; II. Ownership; III. Approaches to Inventor Compensation; IV. Rights of Co-owners; V. Patent Dealings; VI. Effect of Transfer of Ownership on Licensee; VII. Compulsory Licences; VIII. Public Interest Compulsion; IX. Unitary Patents as 'Objects of Property'; 16. Cross-border Actions in Europe; I. Relation between National and EPO Proceedings; II. The Brussels Regulation; III. Cross-Border Validity Actions; IV. Cross-border Infringement Actions; V. Cross-border Declarations of Non-infringement; 17. Evidence; I. General Principles; II. Burden of Proof; III. General Obligations to Produce Evidence; IV. Specific Means for Obtaining Evidence; V. Role of Witness of Fact Evidence; VI. Opinion Evidence; VII. Experiments; VIII. Letters Rogatory (Letters of Request) and US 1782; IX. Border Seizures; X. Confidentiality; XI. Privilege