A User’s Guide to Patents

✍ Scribed by Trevor Cook

• Publisher: Bloomsbury Professional
• Year: 2019
• Tongue: English
• Leaves: 961
• Series: A User's Guide to... Series
• Category: Library

✦ Synopsis

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✦ Table of Contents

Preface and acknowledgements
Abbreviations
Table of cases
Table of statutes
Table of statutory instruments
Table of European material
Table of international legislation
Part I Patents generally
Chapter 1 Introduction to the patent system
Introduction
Relationship of patents to other intellectual property rights
A brief history of the patent system
Sources of the current patent law in the United Kingdom
Patents and patent applications as sources of information
Chapter 2 Applying for and securing the grant of a patent
Ownership
The structure of a patent specification and its claims
Applying for a patent in one country
Applying for a patent internationally
Issues met in relation to patent applications
Matters occurring after grant
Chapter 3 Transactions with patents and with patent applications
Types of transaction
Formalities of such transactions
Patent licensing generalities
Competition law considerations associated with patent licensing
Specific patent licence terms – grant and scope of licence
Specific patent licence terms – structuring payments for the rights granted
Specific patent licence terms – other obligations on licensee
Specific patent licence terms – obligations on licensor
Specific patent licence terms – other aspects
Chapter 4 Procedures in disputes concerning patents
Types of dispute concerning patents
Attacking the validity of a patent after grant
The action for patent infringement in England
Other aspects of English patent infringement litigation
Patent litigation in other European countries
Chapter 5 Patent validity – substantive law
Introduction
The state of the art for novelty and inventive step and when it is assessed
Lack of novelty (anticipation)
Lack of inventive step (obviousness)
Insufficiency
Addition of matter and extension of protection
Chapter 6 Patent infringement – substantive law and remedies
Types of infringing acts
Claim construction and the scope of protection
Defences
Remedies for patent infringement
Part II Patents in specific areas of technology
Chapter 7 Patents for chemicals, pharmaceuticals, and agrochemicals
Introduction
Claims in chemical patents
Claims in pharmaceutical patents
Validity issues
Infringement issues
De facto extension of patent protection for pharmaceuticals and agrochemicals in the EU by the SPC Regulations
Chapter 8 Biotechnology patents
Introduction
The ‘product of nature’ issue
The ‘variety’ and ‘essentially biological processes’ issues
Public policy issues
Adequacy of description and deposit requirements
Infringement issues
Chapter 9 Patents in electronics, communications, and computing
Introduction
Patents and Technical Standards
Patents and computer programs
Patents and business methods
Part III Appendices
Appendix 1 Adherence to International Patent Treaties (including latest version acceded to, or the accession date)
Appendix 2 Patents Court judgments on validity and infringement since 1997
Appendix 3 Court of Appeal judgments on validity and infringement since 1997
Appendix 4 Further reading
Appendix 5 Patent resources on the Internet
Appendix 6 Legislative materials
Paris Convention for the Protection of Industrial Property (20 March 1883)
Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS)
Convention on the Grant of European Patents (EUROPEAN PATENT CONVENTION 2000)
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
Protocol on the Interpretation of Article 69 EPC
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
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)
Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions
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
Patents Act 1977 (as amended) (consolidation produced by Patents Legal Section 1 October 2017)
Index