Patent Law I
Volledige vakbeschrijving
This course covers the functioning of the patent system, the protection of trade secrets as a means of providing incentives for innovation and the creation of a market for solutions to technical problems. The issue of patentability, scope of protection, infringement, defences to infringement and limitations will be covered in the context of the European Patent Convention and national legal systems, including the US. Furthermore, case law from the European Patent Office Technical Boards and national legal systems, including the US, will be covered. As such the prime focus of this course is substantive patent law (Arts. 52-57 EPC) and an introduction to patent litigation.
Taught by: Prof. Dick van Engelen (UM and Ventoux Advocaten) Dr. Emma Montevecchi (European Patent Attorney, Ericsson);Joost Nelissen (European Patent Attorney; Algemeen Octrooi en Merkenbureau - AOMB) and Prof. Anselm Kamperman Sanders (UM);
Doelstellingen van dit vak
At the end of this course, the student can place the European Patent Convention in an international and national perspective, is able to describe the role and function of international institutions (EPO, USPTO) and instruments (PC, PCT, TRIPS, EPC, US Patent Act, EC Directives and Regulations), will be conversant with concepts such as priority, novelty, inventive step and technical applicability and is able to take the first steps in terms of patent litigation (claim interpretation and scope of protection).
Aanbevolen literatuur
Standard literature plus additional materials (e.g. Judge Rich – His Life and Legacy Revisited’; Brinkhof, ‘ Extent of Protection: Are the National Differences Eliminated?’; Brinkhof and Hermans, ‘Patent Law in the Netherlands’; etc.)