Patents in Europe 2018/19: Helping business compete in the global economy

Patent prosecution, management and enforcement in Europe; includes country-by-country guides to litigation.

Introduction

Quality patents, better timeliness

European Patent Office
Forty years of quality patents Almost exactly 40 years ago – on November 2 1977 – the European Patent Office (EPO) opened its doors for business. Far from a grand establishment, the EPO at the time had a small but dedicated team of just 98…

Europe focus

The need-to-know facts about patent term extensions in Europe

COHAUSZ & FLORACK
As the European Court of Justice (ECJ) has seen an overwhelming number of referrals regarding patent term extensions in recent years, the interpretation of the law in this area has become increasingly complex. This chapter provides up-to-date…

Litigating patents under the UPC system

df-mp Dörries Frank-Molnia & Pohlman
The EU unitary patent system entails two novelties: a new property right – the European patent with unitary effect (‘unitary patent’) – and a new court system – the Unified Patent Court (UPC). This means that in Europe, three different patent rights…

Standard-essential patents and FRAND licensing in Europe

Eisenführ Speiser
In July 2015 the European Court of Justice (ECJ) issued its long-awaited judgment in Huawei v ZTE. This judgment concretises an antitrust law framework within which standard-essential patents (SEPs) can be enforced. In particular, the court has…

Proposed structure of the Unified Patent Court

Kuhnen & Wacker
For decades, Europe has awaited a single EU patent and patent court system. In early 2016 this finally seemed in reach, with the unitary patent and Unified Patent Court (UPC) package on the home stretch and set to become operative in 2017. However,…

How to prepare for oral proceedings for European patents

NLO
Senior European patent attorneys will, with a certain nostalgia, remember the ‘good old days’ in which they could easily call an examiner of the European Patent Office (EPO) and informally discuss a pending application. Attorneys could also simply…

Key issues to consider when assessing whether to file for EU patent protection

Uexküll & Stolberg
At present, businesses relying on technical inventions and seeking patent protection in more than one European country can choose between filing patent applications at various national patent offices or at the European Patent Office (EPO). The…

Country Q&As

Litigation and eligibility: Austria

Barger, Piso & Partner
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? In civil matters, actions and requests for interim injunctions based on alleged infringements may be brought exclusively before the Vienna Commercial…

Litigation and eligibility: France

Santarelli
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? The enforcement of patent rights essentially involves civil proceedings before the Paris Court of First Instance, which has exclusive jurisdiction over…

Litigation and eligibility: Germany

COHAUSZ & FLORACK
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? About 1,000 infringement actions on the merits are filed before a German venue every year. Where infringement is found, an injunction is granted by law…

Litigation and eligibility: Greece

Dr Helen G Papaconstantinou and Partners Law Firm
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? The first and quickest way of acting against an infringer is to request a temporary restraining order. This will be granted if the petitioner proves…

Litigation and eligibility: Hungary

Danubia Patent and Law Office LLC (in close cooperation with Sár & Partners Attorneys at Law)
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? A patent owner may enforce its rights by filing a lawsuit or a request for preliminary injunction. Patent rights may also be enforced in the event of a…

Litigation and eligibility: Poland

IP&Law – Kancelaria Rzeczników Patentowych J Markieta, M Zielińska-Łazarowicz Sp p
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? Both Polish patents and European patents validated in Poland can be enforced before the common civil courts. In order to initiate court proceedings, a…

Litigation and eligibility: Portugal

Patentree - patents.pt
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? In Portugal, both administrative and judicial actions are available to patent owners, although most patent infringement cases are dealt with through…

Litigation and eligibility: Serbia

Popović Popović & Partners
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? The owner of a patent or its exclusive licensee is entitled to commence civil proceedings against any person infringing its right to the patent. The…

Litigation and eligibility: Switzerland

Nater Dallafior Rechtsanwälte AG
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? According to Swiss law, if a patent is being infringed the patent owner is entitled to stop activities such as the advertising, selling, manufacturing…

Litigation and eligibility: Turkey

Gün + Partners
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? A patent can be enforced before specialised IP courts by filing a patent infringement action according to Article 149 of the Industrial Property Law. …

Litigation and eligibility: United Kingdom

Marks & Clerk
Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction? The UK courts are divided into three jurisdictions: England and Wales, Scotland and Northern Ireland. The great majority of patent litigation takes…