"Down with the Patent Lobby" or how the European Patent Office has mutated to controlling engine of the European Economy

Diplomarbeit , 2008 , 103 Seiten , Note: 1

Jura - Europarecht, Völkerrecht, Internationales Privatrecht

The patent law is based on intellectual property rights. The groundwork for this was laid in 1883 by the Paris Convention for the Protection of Industrial Property1. The international treaty allows for regional treaties, such as the Patent Cooperation Treaty (PCT) and the Agreement of the Trade-Relative Aspects of Intellectual Property Rights (TRIPs) of the WTO the European Patent Convention (EPC). These are all treaties devolving from the Paris Convention. The EPC covers Europe (in the broadest sense) (cf. Art. 45 PCT). The European Community (EC) is an entity, by international law (cf. Art. 281 EC) and may represent its constituent states in the concerns of the WIPO and WTO. The community has to respect International treaties such as the Paris Convention and many procedures and measures of the EC respond to those treaties. In this thesis only the EPC will be discussed. The EPC created a uniform body of substantive patent law for patents in Europe. It established a single European procedure for the grant of patents. A European patent is worth its fee, because the owner of the patent can use it to economic advantage. The EPC also laid the groundwork for the introduction of a Community Patent by the EC Council. The initial concept of a Community Patent was first discussed in 1960. The last attempt to finalize the Community Patent was made in 2007.

Inhaltsverzeichnis (Table of Contents)

• 1. Introduction
• 2. Legal Framework
• 2.1. Treaty of Lisbon
• 2.2. The European Patent Convention
• 2.3. Enforcement Directive 2004/48
• 2.4. London Protocol
• 3. Elements of the patent-system
• 3.1. The European Patent Office
• 3.1.1. History
• 3.1.2. Legal department
• 3.1.3. The Board of Appeal and the independent appeal division
• 3.2. The Community Patent Court
• 3.3. The European Court of Justice
• 4. The grant procedure for European patents
• 4.1. 1st Step
• 4.2. 2nd Step
• 4.3. 3rd Step
• 4.4. 4th Step
• 4.5. 5th Step
• 4.6. European Community Patent
• 5. Effects on competition in the market
• 5.1. Regulative effects
• 5.2. Financial effects
• 5.3. Exemplary judgments
• 5.3.1. Software-Patents
• 5.3.2. Biotechnical and pharmaceutical patents
• 6. Closing words

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This thesis aims to critically examine the evolution of the European Patent Office (EPO) and its role as a controlling force in the European economy. It investigates the legal framework surrounding patents, including the European Patent Convention, the Treaty of Lisbon, and the Enforcement Directive. Furthermore, the thesis explores the grant procedure for European patents, highlighting the key stages involved.

• The transformation of the EPO into a dominant influence within the European economy.
• The legal framework surrounding patents and its impact on European competition.
• The grant procedure for European patents and its influence on innovation and market dynamics.
• The effects of patent regulation on competition in various sectors, including software, biotechnology, and pharmaceuticals.
• The role of the EPO in shaping the European economic landscape.

Zusammenfassung der Kapitel (Chapter Summaries)

• Chapter 1 provides an introduction to the topic, outlining the scope and purpose of the thesis.
• Chapter 2 delves into the legal framework surrounding patents in Europe, discussing the Treaty of Lisbon, the European Patent Convention, the Enforcement Directive, and the London Protocol.
• Chapter 3 examines the key elements of the patent system, including the EPO, the Community Patent Court, and the European Court of Justice. This chapter explores the history, legal department, and appeal processes of the EPO.
• Chapter 4 outlines the detailed steps involved in obtaining a European patent, providing a comprehensive overview of the grant procedure.
• Chapter 5 analyzes the effects of patent regulation on competition in the European market, focusing on regulatory, financial, and exemplary judgment-based impacts.

Schlüsselwörter (Keywords)

Key terms and concepts explored in this thesis include European Patent Office, European Patent Convention, Treaty of Lisbon, Enforcement Directive, patent grant procedure, competition, market dynamics, software patents, biotechnology patents, pharmaceutical patents, and the European economy.

• Hochschule: Johannes Kepler Universität Linz (Institute of European Law )
• Note: 1
• Autor: Jürgen Augstein (Autor:in)
• Erscheinungsjahr: 2008
• Seiten: 103
• Katalognummer: V93622
• ISBN (eBook): 9783638069274
• ISBN (Buch): 9783640119257
• Sprache: Englisch
• Schlagworte: Down, Patent, Lobby, European, Patent, Office, European, Economy, Law