European Patent Strategy: A Helpful Framework.
Mondaq Business Briefing › Nbr. 2010, January 2010
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European Patent Strategy: A Helpful Framework.
Selecting the right forum for patent litigation is often considered to be something of a 'black art'. In this article Carl Rohsler, Head of the Intellectual Property Group at Hammonds LLP, attempts to demystify this area. He clarifies the issues to be considered when selecting the right forum. His analysis framework will be helpful to both patentees and practitioners alike to highlight the most significant factors in developing what might be termed a "European patent strategy".
Two patent systems We currently have two systems by which a patent can be granted in European states. The first is via a national filing in each country (so that, for example, one applies to the UK Intellectual Property Office for the granting of a UK patent). The second mechanism is through the operation of the European Patent Convention ("EPC") and the European Patent Office ("EPO") which is located in Munich, Germany. This system is designed to minimise the amount of bureaucracy necessary to achieve patents in the...See the full content of this document
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