European patent Definition

GLOSSARY

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What does European patent mean?

A European patent is a patent which is granted under the European Patent Convention.

It is usual for a European patent to have the country to which it applies in brackets. For example, European patent (UK) for a European patent which applies to the United Kingdom.

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Procedural requirements for reclaiming key interlocutors to the Inner House of the Court of Session in Scotland—checklist

Procedural requirements for reclaiming key interlocutors to the Inner House of the Court of Session in Scotland—checklist This Checklist provides an overview of certain procedural requirements contained in the Rules of the Court of Session 1994 (RCS) regarding reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it addresses whether it is competent to make a reclaiming motion, whether leave to reclaim is required and the time limits involved. For guidance on: • other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland • key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview, Scottish DR: case management and evidence—overview, Scottish DR: civil appeals and judicial review—overview, Scottish DR: enforcement—overview, and Scottish DR: settlement and ADR—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland • the...

Patent assignment—checklist

Patent assignment—checklist This Checklist identifies the key terms typically included in an assignment of patents or patent applications. This document can be used as a checklist of issues to consider when drafting, reviewing or negotiating an assignment of patents or patent applications. It can also be adapted for use as a heads of terms to record basic agreed terms while a formal assignment is being negotiated. How to use this Checklist This Checklist is designed to highlight issues that commonly arise during the negotiation and drafting of the following type of agreements: • Patent assignment—pro-assignor • Patent assignment—pro-assignee For further information on issues raised by this Checklist, see Practice Note: Assigning intellectual property rights. This Checklist can also, where appropriate, form the basis of a simple non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. Checklist for proposed assignment of patents or patent applications Checklist Further information Notes (if any) Key commercial considerations ☐ Parties Confirm which entities will be party...

Applying for a European patent

A patent for an invention grants the proprietor the right to exclude others from using the invention within a particular jurisdiction for a limited period of time. A patent only comes into being once it has been registered—in most countries this requires the patent application to be examined by the national patent office to confirm that it satisfies the patentability requirements. The process of writing and filing a patent application and the examination of the patent application by the patent office is referred to as patent prosecution.While patent law remains a largely national law, with national patent offices operating in each territory to examine and grant patent applications and national courts dealing with enforcement of those national patents, in some areas of the world, countries have developed regional patent offices which are able to examine and grant patents for all Member States. There are several such offices, two in Africa (ARIPO and OAPI), the Eurasian Patent Office (covering a number of ex-Soviet States), the Gulf Co-operation Office and the European...

Introduction to intellectual property rights on insolvency

Introduction to intellectual property rights on insolvency For many businesses, intellectual property rights (IPRs) represent an increasingly valuable asset class. While modern technology businesses, pharmaceutical companies and industrial enterprises may be among those most synonymous with having portfolios of IPR-rich assets, even the most unlikely of companies may have rights which are intrinsic to them and without which they would be unable to operate (or to do so as efficiently or as profitably) or would be significantly devalued. As a class, IPRs are broad and varied. Depending on the context, there are rights beyond the best known (patents, trade marks and copyright) which may—or may not—be considered strictly to be IPRs, such as database rights, websites and their associated domain names, goodwill and contractual rights allied to IPRs. For further detail on the main types of intellectual property rights which an insolvency practitioner as office holder may encounter, see Practice Note: IP right comparison table. Patents, design rights and trade marks depend for their existence and...

Discover our 110 Practice Notes on European patent

Particulars of Claim—patent infringement claim

Particulars of Claim—patent infringement claim CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ PATENTS COURT OR INTELLECTUAL PROPERTY ENTERPRISE court ] BETWEEN [insert full name of claimant] Claimant [[insert full name of second claimant] Second Claimant and [insert full name of defendant] Defendant [[insert full name of second defendant] Second Defendant _______________________________________ Particulars of claim _______________________________________ 1 The Claimant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Claimant is in the business of, inter alia, [insert brief description of claimant’s business]. 2 The Defendant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Defendant is in the business of, inter alia, [insert brief description of defendant’s business]. 3 The Claimant is the registered proprietor of [United Kingdom patent [insert full...

Particulars of Claim—patent infringement and FRAND claim

Particulars of Claim—patent infringement and FRAND claim CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) PATENTS COURT BETWEEN [insert full name of claimant] Claimant [[insert full name of second claimant] Second Claimant and [insert full name of defendant] Defendant [[insert full name of second defendant] Second Defendant _______________________________________ Particulars of claim _______________________________________ 1 The Claimant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Claimant is in the business of, inter alia, [insert brief description of claimant’s business]. 2 The Defendant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Defendant is in the business of, inter alia, [insert brief description of defendant’s business]. 3 The Claimant is the registered proprietor of [United Kingdom patent [insert full patent number, eg GB…] OR...

Dive into our 6 Precedents related to European patent

What impact will Brexit have on patents and SPCs?

What impact will Brexit have on patents and SPCs? How will European patents and the UK patent system be affected, if at all? What will happen to existing Supplementary Protection Certificates (SPCs) and paediatric extensions and will they still be available after Brexit? What will Brexit mean for the future of the Unified Patent Court (UPC) and the UK’s involvement in the system? Are there any practical steps that patent and/or SPC proprietors should be taking to prepare for Brexit? European and UK Patent Systems Brexit will not affect the existing European patent system because the European Patent Convention (EPC), which established the European Patent Office and governs the grant of European patents, is a treaty between contracting states, not a piece of EU legislation. The UK will remain a signatory to the EPC irrespective of whether they are a member of the EU, as is the case for Norway, Switzerland and Turkey. Similarly, the Patent Cooperation Treaty (PCT), which allows an applicant to file one...

What is privilege in the context of IP?

What is privilege in the context of IP? The main types of privilege dealt with in this Q&As are litigation privilege and legal advice privilege. Basic principles Privilege is what stops communications being discloseable to the court or an opposing party. The two main types to consider in relation to IP are legal advice privilege, which covers all types of legal advice, and litigation privilege, which is specific to litigation that is underway or is likely to be soon. The guidance about securing and maintaining privilege comes from case law. (For more details on privilege and IP, see Practice Note: Privilege and intellectual property.) Both types of privilege require the same basic conditions before privilege protection can be engaged: • there must be a communication between a lawyer acting as such, and a client • the communication must be confidential • the purpose of the communication must have been for giving or receiving the advice or running the litigation There are two main respects...

See the 7 Q&As about European patent

No boundaries? European UPC confirms its international jurisdiction

EU Law analysis: The Court of Appeal (CoA) of the Unified Patent Court (UPC) ruled that the UPC has international jurisdiction for alleged infringement actions that originate outside the UPC’s Member States. Bianca Zagatta, associate at McDermott Will & Emery, discusses the decision in the case of Dish and Sling v AYLO.

IP weekly highlights—7 November 2024

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.

Read the latest 462 News articles on European patent

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