The following modules are intended for those interested in judicial matters related to patents, such as the concept of "prior user", the principle applied to interpreting the scope of patent claims in an invention, the stipulations of the enforcement directive on IP rights and developments with regard to the unitary patent and the Unified Patent Court.
This master lecture has been produced by the European Patent Academy and it is designed for judges and public prosecutors with little or no knowledge of patent law. His Honour Michael Fysh QC SC, former Judge of the Patents County Court in the United Kingdom, presents the concept of "prior user" and he gives some general observations and points out its importance.
The lecture includes some practical and some evidential considerations together with case law from the European Patent Office and the national courts.
The module elaborates on the principles applied to interpreting the scope of patent claims. It also looks at Article 69 EPC and the Protocol on its interpretation, the aim of which is to ensure the uniform interpretation of claims, despite traditional differences in national case law. The focus is on German case law, with the "Epilady" case discussed for the purposes of comparing the different legal systems.
This presentation deals with the purpose, implementation and articles and requirements of the IPR Enforcement Directive.
This module is intended to give you an opportunity to reach a judgment in infringement proceedings before a national court. In the video material incorporated in this module, you will see attorneys Thomas Adam for the plaintiff and Frank Eijsvogels for the defendant argue their cases before judge Sir Robin Jacob. The plaintiff alleges that his patent has been infringed. The defendant disputes such infringement. At the conclusion of the trial, Sir Robin Jacob will announce his decision and explain his reasoning.
The European Patent Academy hosted on 26.02.2016 a further webinar with Mr. Stefan Luginbuehl, an EPO expert lawyer, to present the latest developments of the unitary patent and the Unified Patent Court. After the presentation, questions were put forward by the participants and answered in a Q&A session. The recording of the webinar as well as the presentation are available here.