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| | Patent - Wikipedia, the free encyclopedia |
 | | Patent licensing agreements are effectively contracts in which the patent owner (the licensor) agrees not to sue the licensee for infringement of the licensor's patent rights. | | | Typically, an application for a patent is prepared by a professional agent known as a patent attorney or patent agent, who files the application with a patent office. | | | A patent is a set of exclusive rights granted by a state to a person for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or substance (known as an invention) which is new, inventive and useful. |
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http://en.wikipedia.org/wiki/Patent
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| | Community Patent |
| | The Community Patent Regulation also establish a court holding exclusive jurisdiction invalidate issued patents; thus a Community Patent's will be the same in all EU states. | | | The Community Patent should not be with European patents which are granted under the European Patent Convention. | | | The Community Patent is a patent law measure being debated within the European Union which would allow individuals and companies obtain a unitary patent throughout all European countries. |
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http://www.freeglossary.com/Community_Patent
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| | European Community Patent Regulation |
| | The Community Patent would be a single patent granted with equal effect throughout each and every EU member state and maintained as a single unit; in general, such a patent would be litigated as a single unit across the EU, and infringement and validity decisions would apply equally to all member states. | | | The complexity of court patent proceedings and the difficulty of deciding the questions before courts put special demands on courts. | | | In addition, the Community Patent after grant must in specifically defined situations be convertible into a European Patent designating the EU member states; one such situation arises because of the language regime in the revised Regulation which requires translation after grant of all the claims into all EU official languages (Article 24a). |
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http://www.iccwbo.org/home/statements_rules/statements/2003/european_community_patent_regulation.asp
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| | The UK Patent Office - About us and policies - IPPD - Issues -The Community Patent |
| | Community patent disputes will be subject to the jurisdiction of the Community patent court, rather than national courts and if the patent were successfully challenged, it would fall across the community as a whole. | | | For the patent to take effect, the patent holder must file a translation of the description and claims into the language of the state concerned within a set period under national law, usually 3 months from grant by the EPO. | | | The EPO provides a bundle of individual, national patents chosen by the applicant, subject to national law in the same way as national patents. |
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http://www.patent.gov.uk/about/ippd/issues/community.htm
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| | The EC Green Paper on the Community Patent and the Patent System in Europe |
| | The unitary patent office should have no greater powers over the validity of unitary patents after grant than the EPO has at present over European Patents; this means that for example a third party could oppose a unitary patent at the unitary patent office within only a specified period (presumably 9 months) after grant. | | | The unitary patent office should have no greater powers over the validity of unitary patents than the EPO has at present over European Patents; this means that for example a third party could oppose a unitary patent at the unitary patent office within only a specified period (presumably 9 months) after grant. | | | Moreover, arrangements need to be in place to ensure that compulsory licences on unitary patents are not granted in an ad hoc manner by different states, but that the matter is handled centrally, for example by the courts responsible for infringement and validity determination, in accordance with clearly defined rules. |
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http://www.iccwbo.org/home/statements_rules/statements/1997/patent_system.asp
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| | PricewaterhouseCoopers: Romania-Community Patent |
| | The setting of a central patent court was one of the reasons which delayed the agreement on the Community patent. | | | Nevertheless, the provisions of the Regulation on Community patent shall not exclude the application of the law of member states with regard to criminal liability and unfair competition. | | | The Community patent shall only be subject to the newly enacted Regulation on Community patent and to the general principles of Community law. |
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http://www.pwcglobal.com/ro/eng/ins-sol/issues/Issues2003/communitypatent.html
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| | SCADPlus: Community patent |
| | The patent is invalidated retroactively, except in decisions on infringement which have acquired the authority of res judicata and been enforced prior to the invalidity decision; nor does the retroactive effect of the invalidity affect contracts concluded and performed prior to the invalidity decision. | | | The rights conferred by the Community patent may be invoked against a licensee who breaches any restriction in the licensing contract. | | | This action may be brought by the proprietor of the patent or, in some cases, by the beneficiary of a licence. |
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http://europa.eu.int/scadplus/leg/en/lvb/l26056.htm
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| | The UK Patent Office - About us and policies - IPPD - "Common Political Approach" on the Community Patent |
| | centralised Community jurisdiction over disputes – the Community Patent Court to be established by 2010 in Luxembourg as a panel attached to the Court of First Instance. | | | EU Ministers at the Competitiveness Council on 3 March agreed on the text of a common political approach regarding the main principles of the Community patent. | | | patent processing by national patent offices (NPOs) – limited to search at the applicant’s request, and excluding the UK, with quality assurance and a safeguard clause to increase NPO involvement if the EPO is in difficulties. |
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http://www.ukpats.org.uk/about/ippd/notices/compatent.htm
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| | Community Patent gets embroiled in software patent fight OUT-LAW.COM |
| | The proposal for the Community Patent does not seek to amend the laws on patentability. | | | The Community Patent would give inventors the option of obtaining a single patent that would be legally valid throughout the European Union. | | | According to the Parliament, the Community Patent has been mentioned by a number of MEPs as the appropriate legislative instrument to address the issue of software patentability. |
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http://www.out-law.com/page-5888
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| | Η Ελληνική Προεδρία της ΕΕ - eu2003.gr - Press release: Common political approach achieved on the ... |
| | The Greek Presidency, with the proposal it submitted, facilitated this common political approach, which fulfils the need to establish a Community Patent, as a complement to national patents and the Munich Patent Convention. | | | Long talks and numerous efforts to reach a compromise have taken place under many EU presidencies particularly in recent years and the common political approach achieved today is the culmination of all these efforts. | | | Press release: Common political approach achieved on the Community Patent at the meeting of the Competitiveness Council in Brussels (3/3/2003) |
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http://www.eu2003.gr/en/articles/2003/3/3/2129
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| | Community Patent: Commission Launches New Proposal |
| | The multiplication of legal actions would be avoided with the creation of a centralised Community patent court within the framework of the European Court of Justice. | | | Legal actions concerning a European patent can also become expensive, since only national courts are competent for each validation country: court action concerning a patent validated in several countries involves legal expenses in each of those countries. | | | According to the Commission's proposal, the Community patent would be issued by the European Patent Office which also issues European patents: the two systems would co-exist. |
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http://www.sib.it/engsib/novita/pat/100700.htm
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| | [No title] |
| | First there was to be a convention open to all countries which defined a common patent grant procedure and second a convention defining the Community patent which was to be effective throughout all EEC Member States. | | | An outline proposal for a Community patent regulation was presented to the European Parliament by the Commission on 5 July 2000. | | | The need for patent reform was not only highlighted during consultations on the Green Paper on Innovation and on the Community patent. |
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http://www.ipr-helpdesk.org/docs/docs.EN/ECPatent.html
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| | Eurolinux Position on the Community Patent |
| | As with national patents, Community Patent jurisdiction should not be handled by patent offices but by independent courts. | | | Given that the European Community is currently not a full-fledged democratic state with a reliable balance of powers, restraint should be exercised with regard to creating a central European Patent Court. | | | European patent politicians tend to portray the Community Patent project as an issue of vital importance to progress and prosperity in Europe. |
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http://www.eurolinux.org/news/cpat01B/index.en.html
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| | [No title] |
| | On December 23, 2003, the European Union inched closer to implementing the Community Patent system when the Commission of the European Communities issued proposals for conferring jurisdiction in patent matters to a new "Community Patent Court" within the existing Court of Justice. | | | The Proposals for a "Council Decision conferring jurisdiction on the Court of Justice in disputes relating to the Community patent - COM(2003)827 final (23 December 2003)" and a "Council Decision establishing the Community Patent Court and concerning appeals before the Court of First Instance - COM(2003)828 final (23 December 2003)" are available at http://europa.eu.int/comm/internal_market/en/indprop/patent/. | | | The second proposal will establish the new Community Patent Court, within the Court of Justice, to exercise jurisdiction in disputes of first instance which relate to the Community patent. |
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http://www.aplf.org/mailer/issue169.html
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| | House of Commons - European Scrutiny - Sixth Report |
| | However, consultees were clear that, if a Community patent is to be successful, the costs of acquiring Community rights must be kept low, and judicial arrangements for enforcing rights must command the confidence of industry. | | | It is also clear that industry wants the Community patent to exist alongside current national and European arrangements for obtaining patent protection in Europe. | | | Uncertainty would also be created over whether applications for rights would be made for things which are already in the public domain, and ownership and entitlement to rights are uncertain since the applicant for a patent may not be the same as the person who published the invention against which the grace period is claimed. |
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http://www.publications.parliament.uk/pa/cm199900/cmselect/cmeuleg/23-vi/2303.htm
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| | American Chamber of Commerce to the European Union |
| | On the Court system, decentralization is being suggested with Germany suggesting that the Courts of all member states should have jurisdiction to decide cases, with a central appeal Court only. | | | The Utility Model would be a type of second class patent, giving the same monopoly rights to owners as a true patent for a 10 year period, but without any examination process to assess whether such a right is deserved. | | | It would also open up the unwelcome prospect of hugely important cases being determined on a Pan-European basis by Courts with little or no experience of patent disputes. |
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http://www.eucommittee.be/Press/2001/nov122001.htm
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| | Community patent |
| | Only the designated "Community Patent court", attached to the European Court of Justice, will be qualified to judge disputes concerning validity or infringement of the Community Patent. | | | The Commission is currently preparing formal proposals concerning the jurisdiction and the Community patent system requires a revision of the European Patent Convention. | | | Before the first Community Patents can be granted however, more needs to be done. |
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http://www.acee.net/gb/rdp_gb/patent.htm
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| | Dáil Éireann - Volume 379 - 19 April, 1988 - Written Answers. - Community Patent Convention. |
| | Reynolds): The Community Patent Convention was signed by Ireland and all [1269] of the then member states of the European Communities in 1975. | | | A necessary step towards ratification of the Community Patent Convention, however, is the ratification of the European Patent Convention, which involves other European countries in addition to members of the European Communities. | | | In Ireland's case there are constitutional difficulties about the ratification of the convention and, because of these, it is not possible in the immediate future to initiate the necessary legislative measures to enable ratification to proceed. |
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http://www.oireachtas-debates.gov.ie/D/0379/D.0379.198804190095.html
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| | AEL (Association Electronique Libre) WikiWiki - Community Patent |
| | The community patent will make it less costly and quicker to get an european patent by not requirig a translation for all member states where the patent should be granted. | | | EU urged to make up its mind on Community patent The president of the European Patent Office has urged the EU to take a decision on the long-awaited community patent. | | | It also creates a European Patent court of appeals. |
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http://wiki.ael.be/index.php/CommunityPatent
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| | [FYI] EU Community Patent |
| | These guidelines recognise the central role to be played by the Munich-based European Patent Office (EPO) in the granting and administration of Community Patents, whilst recognising that national patent offices should also have an important role. | | | Under the Commission's proposal, Community Patents would be issued by the existing European Patent Office in Munich. | | | The first instance judicial panel should be arranged with account taken of the need for uniform application of Community law and factors such as cost effectiveness, demand and local languages, closeness to users and use of any existing infrastructure and expertise. |
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http://www.fitug.de/debate/0106/msg00292.html
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| | The Community Patent |
| | The European Commission has proposed the creation of a Community Patent to give inventors the option of obtaining a single patent legally valid throughout the European Union. |
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http://www.cpana.com/cpajersey/ippat2pg4s4.htm
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| | “Community Patent — the current status” |
| | Also, by being obliged to translate the patent claims into all languages of the European Union (which exceeds 18), patent owners will incur considerable costs and the purpose of the Community Patent is to reduce costs attributable to seeking patent protection in Europe. | | | While all States agree that patent claims should be translated into all EU languages, the primary dispute is over whether translated claims should be legally binding. | | | The main obstacle is the inability to agree on the translation of patent claims. |
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http://www.algoodbody.ie/news/load.asp?date=04/02/2005&file=PUB%3A1030
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| | The community patent and revision of the EPC: Impact on the IT industry - UK Commercial Arbitration Law Developments ... |
| | In addition, the proposed power of national judges to be able to declare the patent invalid Community-wide aroused considerable distrust amongst Member States concerned with the legal uncertainty this potentially gave rise to. | | | It was originally understood that the United Kingdom Patent Office was behind the changes. | | | Inevitably the EPO will remain centre-stage, charged with examining and granting Community patent applications. |
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http://www.icclaw.com/devs/uk/it/ukit_054.htm
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| | EC should withdraw Community Patent proposal - AmCham EU - EUbusiness |
| | This would establish a Community-wide patent, enforceable in a single legal action at the Court of First Instance. | | | Apart from being time-consuming, strict penalties will be imposed in the case of inaccurate translations, which means an even higher burden. | | | Tomorrow the Competitiveness Council will meet to try reach agreement on the long-awaited Community Patent Regulation. |
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http://www.eubusiness.com/press/EUPress.2004-03-10.3153
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| | EU urged to make up its mind on Community patent |
| | The president of the European Patent Office has urged the EU to take a decision on the long-awaited community patent. | | | European Business summitin Brussels on 11 March, the President of the European Patent Office, Ingo Kober, called on EU countries to "make up their minds" on the long-awaited Community Patent. | | | The Irish presidency has tabled a compromise solution which leaves it to national courts to deal with the discrepancies between the text of the patent in its original language and the translations in the infringers' language. |
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http://www.euractiv.com/Article?tcmuri=tcm:29-113302-16&type=News
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| | The Invent Blog The Patent Blog of Stephen M. Nipper: APLF: European Community Patent and Software Patentability Update |
| | Formerly "Necessity's Progeny -- Nipper's Patent Law Blog," The Invent Blog is the law blog (blawg) of registered patent attorney Stephen M. Nipper, covering news and information relevant to independent inventors, small businesses, interesting inventions, patents, trademarks, copyrights, and intellectual property law in general. | | | I am a partner with the Boise, Idaho patent law firm of Dykas, Shaver and Nipper, LLP, 802 W. Bannock St., Boise, ID 83702. | | | European Community Patent and Software Patentability Update by Bill Heinze |
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http://nip.blogs.com/patent/2004/05/aplf_european_c.html
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| | Update 6: EU-Wide Software Patent Law Rejected - Forbes.com |
| | They also wanted more clarity on the criteria for what types of software could and could not be patented. | | | as before, which means different interpretations as to what is patentable, without any judiciary control by the European Court of Justice," said EU External Relations Commissioner Benita Ferrero-Waldner, representing the EU head office at the vote. | | | The European Parliament overwhelmingly rejected a proposed law Wednesday to create a single way of patenting software across the European Union, calling instead for comprehensive rules for granting patents to inventions in all fields. |
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http://www.forbes.com/associatedpress/feeds/ap/2005/07/06/ap2126885.html
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| | European Report : COMPETITIVENESS COUNCIL: MINISTERS ADOPT JOINT APPROACH ON COMMUNITY PATENT. @ HighBeam Research |
| | National Patent Offices of Member States having as their official language one of the three EPO languages (English, French and German), which have experience of co-operation with the EPO and which need to maintain a critical mass may, if they so wish, carry out search work on behalf of the EPO. | | | Role of the EPO and national offices: the agreement confirms the central role of the European Patent Office (EPO) in examining applications and issuing Community patents. | | | The relationship between NPOs and the EPO will be based on partnership agreements, containing inter alia common criteria |
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http://static.highbeam.com/e/europeanreport/march052003/competitivenesscouncilministersadoptjointapproacho/index.html
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| | Community Patent Convention |
| | Once operational, it will be possible for inventors, with a single application, to obtain a patent which is valid through the 25 States that are signatories to the European Patent Convention. | | | Also the European Patent Office will have to convene a diplomatic conference to revise the 1973 Munich Convention (which created that Office) so as to allow them to issue Community Patents. | | | On 3 March 2003, the European Council finally reached an agreement on a ‘common political approach’ to the proposed community patent. |
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http://www.algoodbody.ie/news/load.asp?date=04/02/2005&file=PUB%3A872
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| | PATENT OFFICE REASSERTS ITS COMMITMENT TO THE COMMUNITY PATENT |
| | EPIDOS (European Patent Information and Documentation Systems) is organised by the European Patent Office. | | | Gary Townley at The UK Patent Office on 01633 814345. | | | Issued by Prowse & Co on behalf of the Patent Office |
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http://www.pressbox.co.uk/Detailed/2978.html
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| | Gates gonged as OSS community fights patent war: ZDNet Australia: News: Software |
| | Malcolm also raised two other crucial points with regard to patents in general: Firstly, that due to laxness by the United States' patent office in investigating issues such as prior art, many existing patents may be open to legal challenge. | | | EU software patent law may halt Linux development: Aussie lawyer | | | What measures can and should be taken to limit the effect of patents on open source software? |
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http://www.zdnet.com.au/news/software/0,2000061733,39183165,00.htm
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| | Community Patent |
| | Commission press release on the establishment of a Community Patent Court | | | Commission proposal for a Council regulation on the Community Patent | | | Danish Presidency conference, "An Insurance Scheme for Patents, The role of the National Patent Office and the Software Directive" |
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http://www.smallbusinesseurope.org/Issues/Community%20Patent/issue_detail
(132 words)
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| | Eurolinux Community Patent Position Signature Form |
| | Better sign the Abaixo assinado: Por Uma Europa Livre de Patentes para Software first, if you have not already done it. | | | Also, you may wish to subscribe to a related newsletter. | | | [ Eurolinux Position on the Community Patent ] |
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http://www.eurolinux.org/news/cpat01B/form/index.pt.html
(160 words)
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| | Switzerland's Contribution to the Realization of the Community Patent |
| | • A common application and examination procedure should be created which is independent from the territorial protection of the where the European patent application is filed. | | | • Any applicable laws to be implemented by the European Patent Office must be done according to existing EPC regulations. | | | • All EPC Contracting States must be included in a plausible and effective way in any decision-making which effects the European patent system. |
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http://www.ige.ch/E/jurinfo/j110105.shtm
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| | Year 2000 - Community Patent Convention ( CPC ) update |
| | A copy of the August 2000 Regulation for the Community Patent Convention may be obtained from this hidden URL. | | | on Privileges and Immunities for the common appeal court relating to Community | | | Year 2000 - Community Patent Convention (CPC) update |
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http://www.mayallj.freeserve.co.uk/cpc.htm
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| | Patent Issues - No Hurry over the London Agreement while the Community Patent moves forward |
| | If ratified, the existing and popular European patent route to protection in more than one state in Europe is likely to continue in popularity in preference to the new Community Patent. | | | Under the London Agreement, UK, France, Germany and any other state with the same official language (Austria, Belgium, etc) will agree to forgo the need to file a translation of the patent specification when the patent is granted. | | | The cross-over point at which the Community Patent will be cheaper than a European patent will lie somewhere above the 10-country mark (which is above the current average for designated states), and Community Patents will be preferred in only those cases (such as pharmaceuticals and telecoms standards) where total coverage is sought. |
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http://www.jenkins-ip.com/pi_news/spring2004/item_03.htm
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| | European Community Patent on the horizon: News from Marks and Clerk |
| | Under the proposal, it will be possible to apply for one European Union-wide patent as an alternative to 15 national patents. | | | European Community Patent on the horizon: News from Marks and Clerk | | | At present, the process of translating a patent into the language of every state it is to be enforced in is expensive. |
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http://www.engineeringtalk.com/news/mrk/mrk100.html
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| | Mondaq Business Briefing: European IP Hot Topics: The Community Patent |
| | Many will also be familiar with the fragmented nature of a "European Patent", which in reality consists of a basket of national patents each of which must be enforced separately in the European states which have been designated by the patentee for protection. | | | Mondaq Business Briefing: European IP Hot Topics: The Community Patent | | | Many businesses familiar with the European patent system will be aware of the expense (relative to the USA and Japan) of obtaining patent protection in a number of European countries. |
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http://calbears.findarticles.com/p/articles/mi_go1494/is_200310/ai_n9423892
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| | PIUG - Patent Information Users Group |
| | We have updated the Patent Office page on the website and have added a document covering patent status resources. | | | 07 October 2005 - Patent Office Website Updated | | | For more details or to make a nomination, see the IPI Award website. |
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http://www.piug.org
(893 words)
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| | Community patent |
| | community patent to whom Musick face and the civil from affliction, free from ashen spears and shields too commaunde. | | | where Busiris round them rose up a in a row, and pushed brow of censorial the goddess of the purchase the viand of a single community patent These problems were formerly referred will to the many noates, how many of natural science. | | | Thus, company, in compact form guerdons bestowed how many spaces, how hand and discovered was effected by balsam and objective perception. |
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http://community-patent.uzzi.nl
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| | European community programmes - New Language Regime for Community Patent |
| | The amendment means that applications for patents can be made in any of the European Union's official languages, with applicants having to nominate a second 'procedural' language from one of five selected languages (English, French, German, Spanish and Italian). | | | The same linguistic arrangement should be used for the Community patent as for the Community trademark, according to the European Parliament, which adopted a report on the issue by Spanish MEP Ana Palacio on 10 April. | | | Press release - Cordis - 16 avril 2002 |
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http://www.welcomeurope.com/default.asp?id=1300&idnews=427&print=yes
(93 words)
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| | Linux Today - Community: A Patent Plan of Action |
| | Assuming the patent stands up, and the claims truly are as broad as they appear to be, what should be done with this patent? | | | I now have US Patent 6,636,863 that does this job (to read the text, visit the patent search page and input the patent number). | | | It was a lengthy process, and included a quality review by a number of US Patent Office examiners--hence the gap in time between the original article and this follow-up. |
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http://linuxtoday.com/news_story.php3?ltsn=2005-02-05-002-26-OS-CY-LL
(857 words)
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| | CEPR Discussion Paper Abstracts |
| | The European Union will be introducing a Europe-wide patent, the so-called Community Patent. | | | Should you require PDF files urgently of any CEPR Discussion Paper, please contact Khadeja Mansour KMansour@cepr.org, who will send files on request. | | | We show that, even if these are taken into account, the Community Patent will increase innovative activity and welfare. |
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http://www.cepr.org/pubs/new-dps/dplist.asp?dpno=4883
(189 words)
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| | community patent |
| | If you visit a lot of sites on the net regarding community patent, you'll begin to notice that the majority of them are exactly the same. | | | We make community patent searching and shopping much simpler. | | | The win-win situation between community patent operators and consumers is enormous. |
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http://www.patentxpress.com/patent-claims/community-patent.html
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| | Community patent dead and buried? |
| | In a statement, the European Council said that “the necessary unanimity could not be found in support of the Presidency compromise proposal for a Council Regulation on the Community Patent.” | | | The proposal aimed to reduce the costs involved in the patent process and to unify Europe's disparate patent laws into a single system. | | | Ministers at the Council of the European Union dashed hopes that an EU-wide ‘Community Patent’ might be in the offing by voting against the measure at last week’s EU Competitiveness Council meeting. |
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http://www.drugresearcher.com/news/news-NG.asp?id=52316
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