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The development of European Patent integration: a single patent is a

AddTime:2015-12-21 14:12:05   Views:     【 Big Mid Small 】   Print   Close


Europe is the birthplace of the patent system. With the rapid development of the economy, the European countries have established the patent system. Because of the regional nature of patent rights, the transfer and invalidation of the patent law should be followed.
Development history of European Patent integration
As early as 50 years ago, it was suggested that the establishment of a unified patent system in Europe, but due to many factors, has been unable to achieve. In understanding the history of the development of the European Patent integration, it is necessary to understand the following concepts: European patent, European Union and European patent.
The European patent is the product of the patent system established by European countries in 1977, which is to establish a patent system, which is the European Patent Office (hereinafter referred to as the European Patent Office). As far as the 38 member states of the European Patent Office, the applicant will be required to protect the country from the European patent application.
The industry believes that the current European patent system also has some shortcomings: first, patent registration and maintenance costs, the applicant wants to obtain protection in many countries, the need to translate the text into the country, so the cost is high; the two is the protection of high cost, the European Patent entry into force, the applicant is in fact obtained by different countries legal protection of patent rights, patent infringement claims, when a patent infringement litigation, often also need to prosecute, plus the cost of the applicant's rights.
The European economic community was put forward on the basis of the 1975 European Economic Community, which was signed by 9 countries. It will create a kind of universal and effective in the whole community.
The European Economic Community's position and authority were taken over by the European Union, the European Union's single patent, which has been used to replace the European Union's patent.
In order to promote the implementation of a single patent in Europe, the European Union has adopted a single patent system, which is the legal basis of the EU's single patent system. This is the legal basis of European Union's single patent system, which is based on the European Council and the European Commission. This is the legal basis of the European Union.
The language of European Patent integration
In order to ease the burden of developing new European countries in order to ease the burden on small businesses are the European countries. In, the European countries have to accept the European patent application. In May 1, 2008, European countries can accept the European patent application. In, European countries can accept the European patent application. In, European countries can accept the European patent application. Only the right to be granted The official language of the country (Croatia, Iceland, Danish, Dutch).
Under the European patent system, the EU plans to provide free online computer translation program for the official language. In the first 12 years of the transition period, the applicant should provide the European patent specification. If the program language is English, it needs to be translated into another language.
However, in case of patent right, the patent owner still needs to translate the patent application documents in the form of official language, and the translation fee shall be borne by the patent owner.
The protection of a single European Patent
In the European single patent system, patent application, authorization, objection is still in charge of the European Council, after the decision to be made, the patent applicant may choose to apply to the EU member in each signed a patent, the applicant will be required to submit the corresponding translation documents within 4 months after the date of authorization.
As of now, the EU's 27 member countries have 25 countries agreed to join the European single patent system.
Under the current European patent system, the European Patent once through the European Council, after entering into the European countries, will be subject to the laws of various countries, namely, the patent infringement litigation is responsible for trial. In fact, the European patent infringement litigation cases are mainly concentrated in the United Kingdom, France, Germany, Holland 4 countries.
As of now, a total of 25 EU Member States signed a unified patent court agreement, under the agreement, the EU will set up a unified patent court to deal with traditional European Patent and European patent related litigation. The United patent court will include one court, a court of justice and a court of justice. The court will include a court and a court of appeals and a number of courts and the district court. The court and the district court. The court will include a central court. The court and the district court. The court and the district court. Consistent, and therefore will greatly improve the European patent infringement case The outcome of the trial was not consistent.
Single patent is a "double-edged sword""
On the surface, seems to offer a single patent protection more broad and convenient, and the cost of protection also decreased. However, once the patent right single patent is invalid, the patent right in the whole range of signatories will lose effectiveness. The patent applicant enjoy the convenience, also bear the risk may be competitors "a shot."
In order to protect the interests of the patent owner and to promote the implementation of a single patent system, the patent owner may decide to continue to retain or withdraw from the patent system in the 7 year transition period. The applicant can obtain patent protection in the current European patent system. If the applicant chooses a single patent protection, it is not possible to obtain more patent maintenance fees.
If the European single patent is truly implemented, it is necessary to understand how to obtain a single patent, related costs, protection and subsequent judicial relief in Europe. The applicant is ready to grasp the progress of the European Patent integration, which helps to better safeguard their own rights and interests.


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