European Union patent law
Encyclopedia
European Union patent law is a subset of European patent law
. It also serves as the superset
of the patent laws of the individual states of the European Union
(EU). The most recent (proposed) addition to the range of measures currently in place is the Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights
. The most recent directive relating specifically to patents is Directive on the patentability of biotechnological inventions
. Patents are probably the least harmonised area of intellectual property
laws of the European Union.
"The most noticeable characteristic of the present state of the patent law in the EU is its dualism, i.e. the coexistence of two different ways for obtaining patents with the same effects, namely limited to the territory of the Member State for which they are granted. (...) a Community patent
, i.e. a patent which would cover the entire territory of the EU, have the same effects throughout the EU, which could be revoked centrally, etc., is not available because a great number of EU Member States have not ratified the 1989 Agreement Relating to Community Patents."
"The continuing decentralized administration of European patents in as many as 17 States, in spite of the Single Market and the Maastricht
Treaties, is an anachronism for which applicants have to pay dearly. Enforcement is another area where European patent holders must still live with disadvantages unknown to their US
and Japan
ese competitors in their own countries.”
European patent law
European patent law covers a wide range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations....
. It also serves as the superset
SuperSet
SuperSet Software was a group founded by friends and former Eyring Research Institute co-workers Drew Major, Dale Neibaur, Kyle Powell and later joined by Mark Hurst...
of the patent laws of the individual states of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU). The most recent (proposed) addition to the range of measures currently in place is the Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights
Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights
The European Union directive on criminal measures aimed at ensuring the enforcement of intellectual property rights was a proposal from the European Commission for a directive aimed "to supplement Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights " The...
. The most recent directive relating specifically to patents is Directive on the patentability of biotechnological inventions
Directive on the patentability of biotechnological inventions
Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventionsis a European Union directive in the field of patent law, made under the internal marketprovisions of the Treaty of Rome...
. Patents are probably the least harmonised area of intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
laws of the European Union.
"The most noticeable characteristic of the present state of the patent law in the EU is its dualism, i.e. the coexistence of two different ways for obtaining patents with the same effects, namely limited to the territory of the Member State for which they are granted. (...) a Community patent
Community Patent
The EU patent or European Union patent, formerly known as the Community patent, European Community Patent, or EC patent and sometimes abbreviated as COMPAT, is a patent law measure being debated within the European Union, which would allow individuals and companies to obtain a unitary patent...
, i.e. a patent which would cover the entire territory of the EU, have the same effects throughout the EU, which could be revoked centrally, etc., is not available because a great number of EU Member States have not ratified the 1989 Agreement Relating to Community Patents."
"The continuing decentralized administration of European patents in as many as 17 States, in spite of the Single Market and the Maastricht
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
Treaties, is an anachronism for which applicants have to pay dearly. Enforcement is another area where European patent holders must still live with disadvantages unknown to their US
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese competitors in their own countries.”
Regulations
- Regulation concerning the creation of a supplementary protection certificate for medicinal productsSupplementary protection certificateIn European Union member countries, a supplementary protection certificate is a sui generis, extension of a patent under a specific, different, set of right. This type of right is available for medicinal products, such as drugs, and plant protection products, such as insecticides, and herbicides...
(1768/92, 18 June 1992) - Regulation concerning the creation of a supplementary protection certificate for plant protection productsSupplementary protection certificateIn European Union member countries, a supplementary protection certificate is a sui generis, extension of a patent under a specific, different, set of right. This type of right is available for medicinal products, such as drugs, and plant protection products, such as insecticides, and herbicides...
(1610/96, 23 July 1996) - Regulation concerning medicinal products for paediatric use (1901/2006, 12 December 2006)
Directives
- Directive on the enforcement of intellectual property rightsDirective on the enforcement of intellectual property rightsDirective 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights is a European Union directive in the field of intellectual property law, made under the internal market provisions of the Treaty of Rome...
(2004/48/EC, 29 April 2004) - Directive on the patentability of biotechnological inventionsDirective on the patentability of biotechnological inventionsDirective 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventionsis a European Union directive in the field of patent law, made under the internal marketprovisions of the Treaty of Rome...
(98/44/EC, 6 July 1998) - Directive on criminal measures aimed at ensuring the enforcement of intellectual property rightsDirective on criminal measures aimed at ensuring the enforcement of intellectual property rightsThe European Union directive on criminal measures aimed at ensuring the enforcement of intellectual property rights was a proposal from the European Commission for a directive aimed "to supplement Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights " The...
(proposed) - Directive on the patentability of computer-implemented inventionsDirective on the patentability of computer-implemented inventionsThe Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions , procedure number 2002/0047 was a proposal for a European Union directive aimed to harmonise national patent laws and practices concerning the granting of patents...
(proposed, then rejected)
Other
- IPR-HelpdeskIPR-HelpdeskThe IPR-Helpdesk, also known as Intellectual Property Rights Helpdesk, is a project funded by the European Commission and a source and guide to patent information. The project was set up in 1998 to be a central reference point for intellectual property inquiries and advice throughout the European...
, EU Commission project - Treaty on the Functioning of the European Union (TFEU), Article 118 s:Consolidated version of the Treaty on the Functioning of the European Union/Title VII: Common Rules on Competition, Taxation and Approximation of Laws#Article 118
External links
- Patents on the web site of the European CommissionEuropean CommissionThe European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, DGDirectorate-GeneralA Directorate-General is a branch of an administration dedicated to a specific field of expertise.* The European Commission: Commission Directorates-General are each headed by a European Commissioner;* The European Patent Office: EPO Directorates-General;...
Internal Market and ServicesDirectorate-General for Internal Market and Services (European Commission)The Directorate-General for Internal Market and Services is a Directorate-General of the European Commission. The main role of the DG Internal Market and Services is to coordinate the European Commission’s policy on the European Single Market, which aims to ensure the free movement of people,...