Application of Article 69 EPC

Edited by Dr. Jochen Pagenberg, LL.M. (Harvard),
Attorney-at-Law, Bardehle Pagenberg, Munich/Paris,
 
and Prof. William R. Cornish, QC, LLD, FBA, Formerly Herchel Smith Professor of Intellectual Property Law, University of Cambridge, External academic member of the Max-Planck-Institute for Intellectual Property, Competition and Tax Law, Munich

The book contains a collection of national reports on patent interpretation in infringement
proceedings from the most important patent litigation countries in Europe. Prominent patent
specialists of each country, namely academics, judges and patent litigators have written the reports. With their broad experience in comparative law they not only describe the status quo of their
respective countries but identify the most controversial areas where differences from country to country exist and suggest a common approach.

Art. 69 of the European Patent Convention (EPC) is the central interpretation rule for the determination of the scope of European patents which has also found its way into national laws. Presently divergent decisions from country to country are the norm although efforts have been made to change the situation. The aim of a pan-European litigation system, which has been under discussion for some time is that one will have less contradictory decisions where identical patents are litigated.

Since Art. 69 EPC will remain the central rule of interpretation for the national as well as European system, the book tries to find a sound and practicable compromise of interpretation which may serve as a guide for judges in this field.

Special Features:

• Country Reports on the practice of national courts on patent interpretation (Art. 69 EPC), written by experts for experts.

• The reports - all written in English - allow access to case law and the practice in the      different countries which is normally not available because of language barriers.

• Identification of problem areas and discrepancies in the legal approach of judges: Why do courts come to different results when deciding on the same patent?

• Proposals for a harmonized approach to be followed by future European patent courts, but also by the existing national courts, which may become European courts under a common European roof.