Patent Law II
Full course description
This course focuses on strategic uses of patents and on patent litigation practice under the Unitary Patent and the Unified Patent Court system as well as in various EPC member states. In this sense claim interpretation, the issue of equivalents and counterclaims will be addressed. In addition, attention will be devoted to global patent strategies and comparative issues in relation to US patent drafting, claim interpretation and litigation.
Taught by: Prof. Dick van Engelen (UM), Prof. Christopher Heath (UM) and Prof. Anselm Kamperman Sanders (UM)
Teaching methods: Lectures, tutorials and assignments.
Assessment method: Weekly assignments, a mock trial and an individually written exam.
Grading: Weight; Assignments 40%, Written Exam 60%
Course objectives
At the end of this course, the student can place the new UPC Agreement next to the European Patent Convention, and place it in relation to national law of various EPC member states in terms of claim interpretation, direct and indirect patent infringement, and strategic considerations in terms of litigation practice in Europe, and is able to identify the major differences with US practice. Equally the student has become conversant with concepts such as discovery in the US, and is able to write a brief/argue a mock trial on a case involving a claim for invalidity.